MSF postpones raising age limit for Youth Courts to below 18
The roll-out of a law amendment that would allow older youth offenders to be tried in the Youth Courts has been postponed.
The Ministry of Social and Family Development (MSF) announced on Nov 8 that it planned to implement amendments to the Children and Young Persons Act (CYPA) on Jan 1, 2025. This has now been moved to some time later in 2025.
The Act was amended in 2019 to raise the age limit of youth offenders and allow those aged 16 to below 18 to have their cases heard in the Youth Courts, to expand rehabilitative support to older youth offenders.
Currently, the Youth Courts hear only cases involving offenders below the age of 16. Those aged 16 and above are tried as adults in the State Courts or the Community Court, unless they are diverted away from the criminal justice system.
MSF said on Dec 30 that it and the Ministry of Home Affairs (MHA) assessed that the provisions in the amendment that govern the transfer of cases from the Youth Courts to other courts do not fully achieve the intended policy.
This refers to a part of the CYPA amendments that allow for older youth offenders, aged 16 to below 18, to have their cases heard in non-Youth Courts if they are charged with a serious offence, or if they are a repeat offender.
Allowing the State Courts or High Courts to handle older youth offenders who commit serious crimes like sexual offences and drug trafficking will maintain public safety and deterrence against crime, MSF said.
The ministry added: “In particular, the amendments do not give the State and High Courts sufficient flexibility to impose stiffer sentences on older youth offenders where stronger deterrence is needed.”
The Straits Times understands that according to the current legislation, the State and High Courts can give out reformative training orders and prison sentences to older youth offenders only if they are deemed to exhibit “unruly behaviour”.
MSF and MHA will make the necessary further legislative amendments in 2025 before implementing the amendments, MSF said.
Another amendment, which will empower the Youth Courts to vary the juvenile rehabilitation centre orders for young people below 16, will be put into action as planned on Jan 1, 2025. The move allows such orders to be shortened, extended or discharged, and will provide more flexibility to enhance rehabilitation of young offenders.
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