Courts with Special Criminal Jurisdiction: Juvenile Court

Practice questions covering the jurisdiction, criminal liability age ranges, constitution, and age determination processes of the juvenile court based on the Child and Young Persons Act and relevant case law.

Under which Act was the juvenile court originally established?

Child and Young Persons Act

According to Section $30$ of the criminal code, what is the criminal liability status of children between $1$ to $7$ years old?

They are not criminally liable and the juvenile court has no jurisdiction over them.

Under what circumstance are children above $7$ but less than $12$ years old considered criminally liable?

Only if at the time of doing the act, they had the capacity of knowing that they ought not to do so.

Which case established the liability condition for children between the ages of $7$ and $12$?

State against Mwabueze

What is the criminal liability status of children between $12-14$ years old under Section $30$ of the Criminal Code Act?

They are criminally liable for any act done by them which constitutes an offence.

How are individuals above $14$ years old but below $18$ years classified under the Children and Young Persons laws?

Young persons

Who is required to duly constitute a juvenile court?

One magistrate and such other persons as the chief judge may determine.

According to Section $8$ sub $2$ of the Children and Young Persons laws of Lagos State, when does a juvenile court lack jurisdiction?

When the child or young person committed an offence that carries capital punishment.

What is the secondary exception where a juvenile court does not have jurisdiction over a child or young person?

Where the child or young person is jointly charged with an adult.

What action can a court take under Section $208$ and Section $209$ of the Children and Young Person's Law to establish an offender's age?

The court may adjourn in order to determine the age of the child or young person.

What are the three ways the court can verify the age of a young person?

1. Direct evidence via birth certificate; 2. Oral testimony of parents or relations; 3. Medical examination by a doctor in a government hospital or institution.

What was the outcome regarding age in the case of Aro against Oladimeji?

The parents claimed the child was $16$ years old, but medical examination discovered him to be over $18$ years.

If the court fails to inquire into the age of an offender when it is an issue, how must the doubt be resolved?

The doubt must be resolved in favor of the offender.

Which case established that age doubt must be resolved in favor of the offender if the court fails to inquire?

Guobadia against state