Be vigilant about juveniles, Justice Mutonyi tells magistrates

High Court judge Margaret Mutonyi has cautioned magistrates to always be observant when suspected juvenile offenders are brought before them.

Justice Mutonyi said the non-observance of the actual age of suspected juvenile offenders by magistrates has immensely contributed to violation of their constitutional rights, including jailing them with adult hardcore suspects.

She said it’s the function of the magistrate, being the first person charged with the dispensation of justice in the judicial system, to ensure that no child offender is remanded in an adult prison.

Justice Mutonyi said there are many cases where the age of the offender was enhanced to cause the juvenile offender to be remanded in an adult prison which was in total violation of their constitutional rights and a breach of the provisions of the Children’s Act.

Her remarks followed a July 12 judgment in which a 17-year-old juvenile with initials of S.F was remanded with adult suspects. The case was before the High Court Criminal Division in Kampala.

“Failure of a magistrate to detect the lies of the prosecution about the age of a juvenile offender at the first appearance in court is a breach of his or her judicial duty of administering justice,” Justice Mutonyi cautioned.

Adding: “Juveniles who commit crime seem to be at the mercy of the prosecution. In view of the absurd circumstances in this case, where a juvenile offender was remanded in an adult prison for more than three years even after the charge sheet was amended, the Uganda Prisons Service should upon establishing that the inmate is a juvenile, move court to change the warrant and transfer the child to a remand home.”

As a result, she described the case as “a travesty of justice within a temple of justice” because a juvenile  was remanded in an adult prison and his cas was not concluded within 12 months as prescribed by law.

“This is yet another case where all officers involved in the administration of criminal juvenile justice failed the juvenile offender and breached all the principles and laws pertaining to juvenile justice,” the judge held.

Justice Mutonyi added: “A magistrate before whom an accused appears and looks to be young is entitled and duty bound to ask questions pertaining to the age of the suspects. This was not the position in this case in spite of the glaring alteration of the age of 17 and description of Juvenile to 19 and adult.”

Going forward, Justice Mutonyi directed for the immediate release of the suspect because  his rights were violated as provided for under section 11(2) of the Human Rights (Enforcement) Act, 2019.

“In view of the above and having been satisfied that the accused person was a juvenile at the time the offence was allegedly committed, and he has been in custody for more than three years in an adult prison, it is directed that he be discharged immediately,” Justice Mutonyi ordered.

She also ordered that a copy of her judgment be shared with the Commissioner General of Prisons to ensure that juveniles are not detained in adult prisons.

Background

In 2019, S.F, a juvenile, was indicted for aggravated defilement contrary to sections 129(3) and (4)(a) of the Penal Code Act.  It was alleged that on September 19, 2019 at New Makusa Mayanzi Village, Entebbe Municipality in Wakiso District, S.F performed a sexual act with N.S, a girl aged three years.

S.F was stated to be 19 years but according to Justice Mutonyi, the original writing on the charge sheet was 17 years.

The suspect was arraigned before court on September 30, 2019 and remanded till October 21, 2019 which was three weeks instead of 14 days because the trial Magistrate was absent.