Rights of the Child
CATHOLIC UNIVERSITY OF EASTERN AFRICA
KING’ORI DAVID WANJOHI
1015412
Rights of the child
CLS 413
COURSE CONVENER: mr. Danstan omari
QUESTION: Otieno aged 11 years is accused of having robbed while armed with an AK47, he appears before the senior resident magistrate. Analyse the facts and provide answers to the following:
1. Handling of Otieno at the police station
2. Being arraigned for plea taking and the trial process
3. Expert witnesses/reports
4. Sentencing 5. Punishments available
Otieno having stolen from the victim (for purpose of this paper the victim will be referred to as Onyango), the incident should be reported by Onyango to the nearest police station. The police record this incident in the Occurrence Book (OB), Onyango proceeds to write a statement and police to begin investigations. Onyango could also obtain a medical exam if he was injured in the incident and this filed with the police. In the process of investigations, the police may obtain leads as to where Otieno may be hiding and eventually apprehend him. This arrest should be made in the presence of a Child Officer. The police will also confiscate any goods which are suspected to be stolen and in this case offensive weapons used in committing the crime in accordance with section 29 of the Criminal Procedure Code. As soon as Otieno is put in police custody, the officer in charge of the station (OCS) should contact his parents/guardian and the director of the arrest. If he has no parent or guardian, a Child Officer or any other authorized officer should be contacted. The reason as to why they are contacted is to ensure they are present every time the police are interviewing Otieno for investigation purposes. This is to ensure the investigations are conducted properly without harassment of the minor. This may be through threats or violence to force the minor to give evidence, make a confession or plead guilty. Otieno should not be held in police custody
KING’ORI DAVID WANJOHI
1015412
Rights of the child
CLS 413
COURSE CONVENER: mr. Danstan omari
QUESTION: Otieno aged 11 years is accused of having robbed while armed with an AK47, he appears before the senior resident magistrate. Analyse the facts and provide answers to the following:
1. Handling of Otieno at the police station
2. Being arraigned for plea taking and the trial process
3. Expert witnesses/reports
4. Sentencing 5. Punishments available
Otieno having stolen from the victim (for purpose of this paper the victim will be referred to as Onyango), the incident should be reported by Onyango to the nearest police station. The police record this incident in the Occurrence Book (OB), Onyango proceeds to write a statement and police to begin investigations. Onyango could also obtain a medical exam if he was injured in the incident and this filed with the police. In the process of investigations, the police may obtain leads as to where Otieno may be hiding and eventually apprehend him. This arrest should be made in the presence of a Child Officer. The police will also confiscate any goods which are suspected to be stolen and in this case offensive weapons used in committing the crime in accordance with section 29 of the Criminal Procedure Code. As soon as Otieno is put in police custody, the officer in charge of the station (OCS) should contact his parents/guardian and the director of the arrest. If he has no parent or guardian, a Child Officer or any other authorized officer should be contacted. The reason as to why they are contacted is to ensure they are present every time the police are interviewing Otieno for investigation purposes. This is to ensure the investigations are conducted properly without harassment of the minor. This may be through threats or violence to force the minor to give evidence, make a confession or plead guilty. Otieno should not be held in police custody