possible at the time, the rehabilitation and upbringing of children who are not reformed by
such efforts. In addition, the article 9 of this law stipulates that a special procedure must be
established for the investigation, adjudication of and the imposition of punishment,
wherever necessary, for offences committed by children. Furthermore, preference shall be
given to rehabilitation of children, who are considered minor in Shari’ah, without imposing
punishment on such children.
196. According to Regulations on Trials, Investigations and Sentencing for Child Offenders are
sentenced in line with what is prescribed in the law in consideration with the child’s age,
offence committed and on gravity of the offence. Also the offences are limited to fine,
house arrest, banishment or jail. Likewise, the judge has discretion to place the minor in
juvenile detention centre or rehabilitation centre or placed under house arrest in the
programs stated, such as vocational training, programs conducted by Ministry of Youth and
Sports or units of the rights of children or other government organizations or
nongovernmental organizations, ward or island development programs and to study in any
school or education centre. The penalty handed to a minor for the offence is two thirds of
the smallest penalty stated in the law pertaining to that offence. However, such
rehabilitation opportunities will not to be granted for offenders above 18 years of age.
There are no frameworks established in order to govern these discretions given to judges.
This legislation does not address the proper reintegration measures for children in conflict
with the law.
197. Juvenile delinquency has increased over the few years, thus resulting in imprisonment
and re‐offence. The highest numbers of cases concluded by Juvenile Court include those
related to theft and disobeying of lawful order. The second highest number of cases
concluded includes assault, drug abuse, fornication, traffic violations and other criminal
cases. This is followed by cases related to unlawful assembly, robbery and supplying of
drugs. Following graph shows details of concluded criminal cases by the Judiciary.
Chapter: Article 24: Rights of the Child
195. As per the Article 6 of Regulations on Trials, Investigations and Sentencing for Child
Offenders (children from the attainment of 15 years of age till 18 years of age) should bear
the criminal liability in respect of all offences committed by them. Furthermore article 5
stipulates that a minor from the attainment of 10 years of age till completion of 15 years of
age should be liable to bear criminal responsibility only if minor commits an offence for
which hadd is prescribed in Islam (i.e. apostasy, revolution against the State, fornication,
falsely accusing a person of fornication and consumption of alcohol) and unlawful
intentional killing of human beings, other offences related to homicide and participate in
that and all offences related to drugs.
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