Youth Justice (Amendment) Law, 2018

No. 5 dated 17th January, 2018.

A BILL FOR A LAW TO AMEND THE YOUTH JUSTICE LAW (2005 REVISION) TO MAKE PROVISION FOR THE APPLICATION OF CAUTIONS TO PERSONS UNDER THE AGE OF EIGHTEEN AND TO REMOVE REFERENCES TO “HER MAJESTY’S PLEASURE” IN CONFORMITY WITH THE CONSTITUTION; AND FOR INCIDENTAL AND CONNECTED PURPOSES

MEMORANDUM OF OBJECTS AND REASONS

This Bill amends the Youth Justice Law (2005 Revision), to make provision for the application of cautions to persons under the age of eighteen. It also amends the First Schedule to remove references to “Her Majesty’s pleasure” wherever it appears to bring the Law into conformity with the Constitution. Clause 1 of the Bill provides the short title. Clause 2 amends section 28 of the Law to make cautions applicable to a person under the age of eighteen. Clause 3 amends paragraph 2 of the First Schedule to remove the references to “Her Majesty’s pleasure” wherever they appear and replace them in each case with “the court’s pleasure” to bring the law into conformity with the Constitution.

A BILL FOR A LAW TO AMEND THE YOUTH JUSTICE LAW (2005 REVISION) TO MAKE PROVISION FOR THE APPLICATION OF CAUTIONS TO PERSONS UNDER THE AGE OF EIGHTEEN AND TO REMOVE REFERENCES TO “HER MAJESTY’S PLEASURE” IN CONFORMITY WITH THE CONSTITUTION; AND FOR INCIDENTAL AND CONNECTED PURPOSES

ENACTED by the Legislature of the Cayman Islands. This Law may be cited as the Youth Justice (Amendment) Law, 2018. The Youth Justice Law (2005 Revision), is amended in section 28 by inserting after subsection (5) the following subsection - “(6) For the purposes of this section, “young person” means a person under the age of eighteen.”

Short title Amendment of section 28 of the Youth Justice Law (2005 Revision)

The Youth Justice Law (2005 Revision) is amended in paragraph 2 of the First Schedule by deleting the words “Her Majesty’s pleasure” wherever they appear and substituting the words “the court’s pleasure”.

Passed by the Legislative Assembly the day of 2018.

Speaker.

Clerk of the Legislative Assembly. Amendment to First Schedule - custody and detention of young offenders