A lawyer has revealed that the two children who töok the life of another ch!ld for money rituals will only get 3 to 4 years jail sentence for the crime they have committed.
Two teenagers were arrested by the Ghana Police Service in Kasoa for allegedly taking the lífe of another teenager who they wanted to use for money rîtual.
According to lawyer Isaac Wilberforce Mensah, if these two teenàgers are found guilty of the murd€r charge leveled against them, the maximum number of years they could serve is three years in a borstal home.
Lawyer Isaac Wilberforce Mensah said ”
“On the Kasoa Juvenile Murder:
First of all my heart goes out to the family of the little boy who was allegedly blμdgeoned to death by some 15 or 16 year olds.
Sadly, the maximum sentence these suspects may face is THREE YEARS in a borstal home. Not thirty oo, three. However, the Minister for Gender may make a recommendation to the Juvenile or High Court for an extension of the sentence which shall not extend beyond ONE YEAR.
Not ten oo, one year. This means even if they are made to face the maximum sentence they will be out before the age of 20 years.
This is our law according to Sections 46 and 47 of the Juvenile Justice Act, 2003 (ACT 653).”
FOR THE AVOIDANCE OF DOUBT, THIS IS WHAT THE JUVENILE JUSTICE ACT, 2003 SAYS
Section 45—Conveyance to Centre.
(1) A detention order and any endorsement shall be delivered to the person responsible for conveying the juvenile or young offender to the centre concerned and shall be delivered by the person
responsible for conveying the juvenile or young offender to the person in charge of the centre.
(2) A court when making a detention order shall forward the social enquiry report and any additional information on the juvenile or young offender to the person in charge of the centre but in any event not later than seven days.
Section 46—Duration of Detention.
(1) Where a juvenile or young offender is ordered to be sent to a centre, the detention order shall be the authority for the detention and the period shall not exceed
(a) three months for a juvenile offender under the age of sixteen years;
(b) six months for a juvenile offender of or above sixteen years but under eighteen years;
(c) twenty-four months for a young offender of or above the age of eighteen years; or
(d) three years for a serious offence.
(2) A juvenile offender under the age of eighteen years shall be detained in a Junior Correctional Centre.
(3) A young offender above the age of eighteen years shall be detained in a Senior Correctional Centre.
(4) A juvenile offender under the age of fifteen years who has been convicted of a serious offence shall be detained in a Senior Correctional Centre.
(5) Before a detention order is made, the court shall satisfy itself that a suitable place is available for the juvenile offender or young offender at a centre.
(6) Where a juvenile or young offender has been remanded in custody prior to the order of detention, the period spent on remand shall be taken into consideration when making the detention order.
(7) No juvenile or young offender shall be detained in an adult prison.
(8) The following offences are considered to be serious offences
(d) indecent assault involving unlawful harm;
(e) robbery with aggravated circumstance
(f) drug offences; and
(g) offences related to firearms.
Section 47—Extension of Period of Detention.
(1) If the Minister responsible for Social Welfare or Interior is satisfied that it is in the best interest of a juvenile or young offender to be detained for a further period, the Minister concerned may make a
recommendation to the juvenile court or High Court.
(2) The court shall cause to be prepared a social enquiry report under section 24 which shall recommend any further extension to the court.
(3) The warrant to detain a juvenile or young offender at a centre for a further term shall not exceed one year and the juvenile or young offender shall not be detained beyond the date on which the
juvenile or young offender will attain the age of twenty-one years.
SOURCE : Coverghana.com.gh