Parental liability for child offenders

THE EDITOR: Some years ago, a then government minister spoke of his pain as a parent when his daughter, a minor, suffered the ill effects of alcohol consumption. He vowed publicly that he would seek to introduce into Parliament a law to make it a crime to serve alcohol to children.

In those days, I used to educate members of the public on laws relating to families and children on a radio station which prided itself on being one “where talk makes sense.” On one such programme I chided the minister for not knowing that he had said “aye” to such a law, and it was in force. To his credit, the minister sought me out and graciously apologised to me for his error.

Again, I feel compelled to alert those people who are calling for laws to make parents accountable for offences committed by their children, that such a law has been in force since May 18, 2015.

Under section 57 of the Children Act, the court can order a parent to pay a fine, in addition to whatever fines it may order to be paid by the child, if the court forms the view that “the parent, guardian or person with responsibility for the child has failed to exercise reasonable care of or supervision over the child to ensure that the child does not commit an offence.”

The law also provides an opportunity for the parent to show good cause why he should not pay the fine, can order counselling of the parent and child and for the parent’s consent to enter into a recognisance (legal promise) to take proper care of and exercise supervision over the child.

I have previously expressed, publicly, my reservation over these provisions in the law. Research has shown that when children offend there is, very often, already in existence a breakdown in the parent and child relationship. Having to pay a financial penalty for a child’s misdeeds will cause that fragile relationship to fragment even further and may cause greater problems, such as increased hostility and even physical violence against the child.

More than ever, we need to work harder at supporting parents and assisting them with not only parenting skills but with the alleviation of the social problems which, too often, are the genesis of crime.

Allow me to share an excerpt from a 1995 New Zealand Catholic bishops’ pastoral letter:

“While poverty should not be a cause for crime, it may provide the environment for some crimes. Greed and selfishness are also principal causes. We are all called to act responsibly and peacefully towards our neighbour. Violence of any form toward another is a denial of the teachings of Christ, and an affront to the dignity of people.

“Traditionally, in our society, the police are held responsible for maintaining law and order. This can only ever adequately be done when they have the respect of the community. That respect is in danger of being eroded if basic injustices are not tackled and if the police are called upon to maintain the law in situations of continued perceived injustice…

“From a Christian perspective, no criminal justice system can afford to be built upon a philosophy of retribution, focusing primarily upon punishment flowing from feelings of revenge; a negative philosophy will produce negative results.”

I rest my case. A word to the wise is sufficient.

HAZEL THOMPSON-AHYE

child rights advocate