Children Court Overview

The Children Court

The Children Court is a Court for children - anyone under the age of 18. The Court became operational on February 28, 2018, and hears cases involving children who are accused of breaking the law, children in need of supervision (CHINS), and children who are in need of care and protection. The Children Court also hears children drug and mental health matters.

Children Court Matters

The types of matters filed at the Children Court include:

• Children’s Authority Applications
  The Children’s Authority of Trinidad and Tobago (CATT) can make several applications pursuant to its duty as guardian of the children of Trinidad and Tobago under the Children Authority Act Chap. 46:10 and the suite of children legislation. Some of these include, applications for wardship, applications for interim Supervision Orders, Care Orders and Recovery Orders.
• Private Applications
  This is a criminal action that is initiated by a private citizen rather than a police officer. This complaint is against another person he or she suspects or believes is guilty of a crime and presents an accusation before the proper authorities for investigation. It also includes applications involving protection orders.
• Child in Need of Supervision (CHINS) Applications
  Section 50A of the Children Act 2012 (as amended)- “Where a parent, guardian or person with responsibility for a child alleges that he is unable to control the child, he may apply to the Court for an order deeming the child to be a Child in Need of Supervision.
• Criminal Indictable Matters
  These matters are the most se­ri­ous cat­e­go­ry of crim­i­nal of­fences. There are two stages in in­dictable tri­als. First­ly, a pre­lim­i­nary en­quiry or com­mit­tal pro­ceed­ings in the Children Court be­fore a Master must be con­duct­ed. The Master de­ter­mines if the Pros­e­cu­tion can es­tab­lish a pri­ma fa­cie case against the ac­cused. If the Master has determined that there is a prima facie case against the accused, the Director of Public Prosecutions (DPP) has to file an indictment and a date will set be set for the trial to be commenced before a Judge at the Children Court.
• Criminal Summary Matters
  These matters are usu­al­ly con­tained in the Sum­ma­ry Of­fences Act Chap 11:02. They are less se­ri­ous crim­i­nal of­fences in which the penal­ties that can be im­posed are not as great as in­dictable of­fences. Sum­ma­ry of­fences are proceeded with sum­mar­i­ly, that is, tried in the Children Court by the Master.

The Children Court helps children and holds them accountable for offences committed.

The Children Court is a rehabilitative Court. This means that the Court helps children to understand the harm they have caused and encourages them to positively change their behaviour. It is hoped that this will keep them from repeating the mistakes they have made. Children who come before the Children Court can be ordered to participate in helpful activities which include: psychological assessments, counselling, Court-annexed Peer Resolution (PR), drug treatment and other rehabilitative Court programmes.

The Children Court listens to what children have to say.

Children who come before the Court must participate in an Intake Conference. Through this process, a representative from the Court will speak with the child to find out more about him or her, and what caused him or her to end up before the Court. The Children Court can appoint a Children’s Attorney who will ensure that the voice of the child is heard throughout the case.