DEPARTMENT OF SOCIOLOGY

BAYERO UNIVERSITY, KANO

LECTURE NOTES
CRM 3302 : DELINQUENCY AND JUVENILE JUSTICE SYSTEM

AN OVERVIEW OF THE COURSE

With a focus on early intervention and prevention techniques, this course examines the causes,
effects, and interventions for young offenders. Delinquency is caused by a number of factors,
including poverty, peer pressure, substance misuse, and dysfunctional families. In order to
interrupt the cycle of delinquency and encourage positive results, the course emphasises the need
for comprehensive support by examining the connections between juvenile delinquency and
other social issues such as substance misuse, homelessness, and school dropout.

With a similar focus on the value of strong bonds, healthy peer relationships, and nurturing their
surroundings, the course examines the role that families, communities, and schools have in
preventing illicit behaviour and promoting positive youth development. The course examines
how social media and technology affect juvenile delinquency, highlighting the necessity for
practitioners and policymakers to encourage digital literacy, appropriate online conduct, and safe
internet use. It also explores the impact of trauma and mental health issues on juvenile offenders,
emphasizing the need for trauma-informed care and mental health support to break the cycle of
trauma and delinquency.

In order to lower recidivism and encourage rehabilitation, it also examines the detrimental
impacts of incarceration on young offenders, highlighting the necessity of other strategies such
diversion programs, community-based interventions, and restorative justice practices. The course
emphasises the need for culturally competent interventions and promotes social justice by
examining how demographic and socioeconomic factors impact juvenile justice responses and
delinquent trends. In order to maximise resource effect and promote good outcomes, the course
examines programs and treatments for supporting juvenile offenders and avoiding delinquency.
It focusses on evidence-based techniques such as cognitive-behavioral therapy, mentorship, and
educational support. The course looks at how legislative and policy changes have affected the
juvenile justice system, highlighting how crucial evidence-based procedures are to building a
just, efficient, and equitable system.

THE CONCEPT OF JUVENILE DELINQUENCY

In the classical era, there were no legal distinctions between adult and juvenile offenders.The
neo-classical school of criminology however recognised extenuating circumstances of a person
who committed crime, and one of such circumstances was the age of the accused. A juvenile is
therefore defined in terms of age, as to whether an individual falls in the legal category of a child
or young person.

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A juvenile is a term that can be used interchangeably with a minor, infant or young person. In
other words, it means someone that is no yet an adult. The word juvenile has been defined as a
person who has not reached the age at which the Criminal Justice System should treat one as an
adult (Garner 2004). The sum total of the concept of juvenile is reffered to as a person who in the
eye of the law does not possess requisite capacity for criminal or even civil liability. The
purpose of such distinction revolves around the idea of protection and welfare of the child. For
instance, Section 30 of the criminal code, provides for 2 categories of juvenile which include:

1. Children under age 7: The law believes that children under this category are not criminally
responsible for any act or omission. It must not be thought, however, that because a child
under 7 cannot be guilty of an offence, he is not amenable to action by the authorities.
2. Children between ages 7-11: Under the law, children between the ages 7-11 are not
criminally responsible for any act or omission unless it is proved that the child had a
capacity to know he ought not to do the act or make the omission.

In another provisions, the Children and Young Persons Law (CYPL) defines a child as a person
under 14 years of age, while a young person as someone who falls between 14 and 17 years of
age. Except for murder cases the CYPL has introduced care proceedings as alternative to
prosecution for children under the adult age. It is within this qualification that today the
“criminal” act of a juvenile is regarded as delinquency. Delinquency is therefore defined in
terms of both adult criminal acts, and other antisocial behaviour exhibited by juveniles, which if
committed by adults will not be regarded as criminal. The law allows for special consideration of
such persons in terms of their trial in juvenile courts rather than criminal courts; care proceedings
rather than prosecution; and treatment rather than punishment.

The CYPL recognises three categories of juvenile delinquents, namely: 'juvenile offenders';
'beyond parental control', and; 'wanderers, beggars, truants' and the like.'Juvenile offenders' are
those who commit or are apprehended to have committed any act that would be a crime if they
were not under aged.The 'beyond parental control' are those whose parents have established that
they could not control them and make them of good behaviours.'Wanderers, beggars, truants' and
the like are referred to as those who are in need of care and protection.

From the above, one can distinguish delinquency from crime in two major ways:

1. First, delinquency is a more inclusive term than crime, which means that includes in addition
to law violation, some other acts or behaviors like 'beyond parental
control','wandering','truancy', 'begging', being exposed to 'moral danger',being exposed to the
'risk of slavery', and the like. These behaviours and/or acts are essentially not criminal.
2. Secondly, delinquency is different from crime in that the people involved are immature, that
is, delinquents unlike criminals, are immature, and are 16 years old or less.

CHARACTERISTICS OF JUVENILE DELINQUENCY

1. Juvenile crime is always associated with social problems: Along with rapid social change,
we are facing new problems and unfamiliar situations. Crimes and incidents of social

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 disorder are increasing on a daily basis. Problems such as unemployment, broken families,
and drug abuse not only make society disorganized, but also threaten the normal
socialization of juveniles.
2. Juveniles are in the stage of life transitioning from childhood to maturity: Some juveniles
form immature personalities in the process of socialization, and their emotional and
physical characteristics make them impulsively and addictively seek excitement.
3. Before juveniles commit crime, they typically have delinquent and anti‑social behaviors
as well as engage in substance abuse: These behaviors are typically immature efforts to
individualize or to gain a sense of individual power or self‑realization.
4. Some juveniles lack problem‑solving abilities and skills: Urbanization and
modernization have brought new problems and unfamiliar situations. Everybody needs to
have opportunities for upward mobility and to find their proper position in society. In
order to realize this goal, some juveniles resort to crime.
5. Some juveniles resort to gangs, organized‑crime groups, or other anti‑social “peer
groups” in order to meet their social needs: If a juvenile doesn’t receive sufficient
nurturing and guidance from the family, school, or beneficial groups, they frequently
depend on peer groups and gangs for their social needs. The subculture of peer groups
and gangs may isolate the juvenile from normal society.
6. The incidence of female juvenile delinquency has been rising steeply in recent years:
Undereducated females who are seeking employment in cities are frequently forced into
prostitution or other illicit activities.
7. Some juveniles have histories of both victimization and perpetration of crime: Ignorant of
crime prevention measures, victimized juveniles may resort to a criminal lifestyle.

THE CAUSES AND CONDITIONS FOR THE FORMATION OF DELINQUENT

BEHAVIOR

The causes of and conditions for juvenile delinquency are usually found at each level of the
individual and social structure, including society as a whole, social institutions, social groups and
organizations, and interpersonal relations. Juveniles’ choice of delinquent careers and the
consequent perpetuation of delinquency are fostered by a wide range of factors, the most
important of which have been found to operate in some thousands of cases studied and reported
on by various authorities. These factors are classed under seven general headings: Physical
factors, mental factors, home conditions, school conditions, neighborhood conditions, and
occupational conditions.

1. Physical and Mental Conditions: Child's bodily condition can directly cause delinquent
behavior, form a handicap to their achievement or relationships, or supply excess energy for
delinquency. Factors such as malnutrition, sensory defects, speech defects, mental defects,
deformities, nervous diseases, and physical exuberance can interfere with normal
competition and lead to delinquency. Painful irritation may also directly cause delinquency,
resulting in outbursts of temper and violence.
2. Home Conditions/Parental Neglect: Home conditions can indirectly cause delinquency by
altering a child's mental and physical condition, which in turn determines their behavior.
Factors such as unsanitary conditions, material deficiencies, broken homes, mental and

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 physical abnormalities of parents, immoral or delinquent parents, ill-treatment by foster
parents, lack of parental care, and misdirected discipline contribute to delinquency.
3. Neigbourhood Conditions: Neighborhood conditions, such as congested areas and slums,
can influence a child's behavior, similar to how overcrowded homes and schools can cause
delinquency. Factors like poor sanitation, proximity to factories, and undesirable neighbors
can contribute to delinquency. Factors such as disreputable community morals, wealth
influence of gangs, loneliness, and lack of social outlets also contribute to delinquency.
4. School Conditions: School conditions, like home conditions, indirectly cause delinquency,
but the main source is the child's mind and body's impact. Inadequate school facilities, rigid
systems, poor attendance laws, unsatisfactory teachers, negative attitudes towards teachers,
bad school companions, and moral codes contribute to delinquency.
5. Occupational Conditions: Delinquency in children is often influenced by their wage-
earning occupation. Young individuals may develop discontent, restlessness, irritability,
nervousness, despondency, and over-fatigue. These conditions can lead to delinquency for
compensation or reduced control. Other factors contributing to delinquency include irregular
occupation, occupational misfit, spare time, idleness, and factory influences.
6. Peer Group Influence: Youth policies often overlook the role of peer groups in
socialization, with delinquent gangs serving as a crucial part of adulthood. These groups
provide safety, social interaction, and leadership qualities. Despite factors like social status,
private welfare, and race, all members are equal in the hierarchical structure. Delinquent
groups can compensate for family and school imperfections, providing protection within the
neighborhood and addressing the threat of assault or harassment.
7. Media Influence: Television and movies have influenced the "cult of heroes," promoting
justice through physical elimination. Research shows that young people who watch violence
tend to behave aggressively, especially when provoked. Juvenile offenders often frequent
movies, as their minds may be too immature to distinguish between lawful and unlawful
actions.

THEORETICAL EXPLANATIONS OF JUVENILE DELINQUENCY

Sociological Theories

A. Social Disorganization Theory (Shaw & McKay)

Developed by Clifford Shaw and Henry McKay in the 1940s as part of the Chicago School of
Sociology, this theory explains juvenile delinquency as a consequence of the breakdown of
social institutions in urban neighborhoods.

According to the theory, delinquency rates are higher in areas marked by poverty, residential
mobility, ethnic heterogeneity, and family disruption. These factors weaken the community's
ability to maintain effective social control, transmit common values, and support youth
development.

Shaw and McKay discovered that high delinquency persisted in certain neighborhoods over time,
regardless of changes in the ethnic makeup, suggesting that place—not people—was the key
factor.

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In disorganized neighborhoods, youth are more likely to be influenced by deviant peer groups
and exposed to criminal subcultures. Informal social controls—like parental supervision,
community networks, and local institutions—are often ineffective in these environments.

Policy implications include neighborhood revitalization, investment in community organizations,

increased support for schools and families, and initiatives to build social capital and collective
efficacy within communities.

B. Differential Association Theory (Edwin Sutherland)

Proposed by Edwin H. Sutherland in the 1930s, Differential Association Theory posits that
delinquent behavior is learned through interactions with others in intimate personal groups.
According to the theory, individuals learn not only the techniques of committing crimes but also
the motivations, rationalizations, and values that support criminal behavior. A youth becomes
delinquent when their exposure to pro-deviant definitions outweighs exposure to anti-deviant
definitions.

Key principles include:

Delinquent behavior is learned, not inherited or invented. The most important learning occurs
within close personal groups such as family and peers.
Learning includes the techniques of committing crime and the specific direction of motives and
attitudes. The frequency, duration, priority, and intensity of associations influence the likelihood
of delinquency.

This theory emphasizes the socialization process and how peer groups can influence juveniles
toward or away from delinquent behaviors.

Policy implications include mentoring programs, peer-led interventions, family-focused

strategies, and community engagement efforts that promote prosocial associations and reduce
exposure to deviant influences.

C. Strain Theory (Robert Merton)

Developed by Robert K. Merton in the 1930s, Strain Theory explains juvenile delinquency as a
response to the disjunction between culturally prescribed goals and the institutional means to
achieve them.

In societies like the United States, success is often defined in terms of material wealth, but not
everyone has equal access to legitimate means (e.g., education, employment) to achieve these
goals.

Merton identified five modes of individual adaptation:

1. Conformity – accepting both the goals and the means.
2. Innovation – accepting the goals but using illegitimate or deviant means (common in
delinquency).

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3. Ritualism – rejecting the goals but rigidly adhering to legitimate means.
4. Retreatism – rejecting both the goals and the means (e.g., drug use, vagrancy).
5. Rebellion – rejecting and seeking to replace both the goals and the means.

Juveniles experiencing strain—particularly from blocked opportunities—may innovate through

criminal means to achieve socially valued goals. This theory emphasizes structural inequalities
and how societal pressure can generate deviance.

Policy implications include reducing barriers to education and employment, promoting

equitable access to resources, addressing poverty, and supporting programs that provide
legitimate pathways to success.

D. Cloward and Ohlin’s Differential Opportunity Theory (1960):

Expanded on Merton’s Strain Theory, suggesting that access to illegitimate opportunity

structures (e.g., gangs, drug markets) varies just as legitimate opportunities do.

They identified three types of delinquent subcultures:

i. Criminal subcultures – focused on utilitarian crimes and led by adult offenders.
ii. Conflict subcultures – characterized by violence and formed in disorganized areas lacking
criminal mentorship.
iii. Retreatist subcultures – made up of youth who fail in both legitimate and illegitimate
structures, often turning to drug use.
Sub-cultural theories highlight the social and environmental contexts that give rise to delinquent
norms among youth.

Policy implications include creating inclusive educational environments, offering meaningful

recreational and employment opportunities, preventing gang formation, and engaging youth in
positive peer group activities.

Criminological Theories

A. Routine Activities Theory (Cohen & Felson)

Developed by Lawrence Cohen and Marcus Felson in 1979, this theory explains crime and
delinquency through the convergence of three elements:

1. A motivated offender – someone with the intent and ability to commit a crime.
2. A suitable target – a person or object that is attractive and accessible.
3. The absence of a capable guardian – such as parents, police, teachers, or other authority
figures who could prevent the offense.

Juvenile delinquency, under this model, often occurs in contexts where youth are left
unsupervised, particularly during after-school hours or in poorly monitored public spaces. Unlike
other theories that emphasize offenders' motivations, Routine Activities Theory focuses on
opportunity structures and situational factors that make delinquency more or less likely. The

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theory suggests that changes in routine societal patterns (e.g., more working parents, less
community oversight) can increase youth exposure to risky settings.

Policy implications include increasing adult supervision, installing surveillance systems,

organizing community watch programs, and providing structured after-school activities to reduce
the chances of delinquent acts occurring.

B. Rational Choice Theory

Rational Choice Theory is rooted in classical criminology and economic theory. It views
individuals, including juveniles, as rational decision-makers who weigh the potential costs and
benefits before engaging in delinquent behavior.

The theory assumes that delinquency is not random or impulsive but a calculated decision based
on perceived risks (such as getting caught or punished) and rewards (such as money, status, or
peer approval).

Key elements include:

i. Perceived opportunity – the youth must see a chance to succeed in the deviant act.
ii. Cost-benefit analysis – evaluating the likelihood of success versus consequences if caught.
iii. Situational context – availability of targets, absence of deterrents, peer pressure.

Rational Choice Theory emphasizes the role of situational crime prevention and deterrence
strategies in reducing juvenile delinquency.

Policy implications include increasing the certainty and swiftness of sanctions, improving
guardianship and surveillance, and altering environmental conditions to reduce opportunities for
offending. Public awareness campaigns can also be effective by reinforcing the costs of deviant
behavior.

Integrated and Contemporary Perspectives

A. Life Course Theory

Life Course Theory, developed by researchers like Robert Sampson and John Laub, explores
how patterns of behavior—including delinquency—develop and change over an individual’s
lifetime. The theory emphasizes the significance of age-graded transitions, such as school entry,
employment, marriage, and parenthood, in shaping a person's life trajectory. It distinguishes
between different types of offenders, such as:

1. Adolescent-limited offenders – who engage in delinquency temporarily during adolescence

due to peer influence or desire for autonomy.
2. Life-course persistent offenders – who begin exhibiting antisocial behavior early in life
and continue into adulthood due to neuropsychological deficits and cumulative disadvantage.

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Key concepts include:

i. Turning points – critical life events (e.g., military service, stable employment, marriage)
that can alter a delinquent path toward conformity.
ii. Social capital – resources and support gained from positive relationships that help reinforce
prosocial behavior.
iii. Cumulative disadvantage – the way early life challenges (e.g., poor parenting, school
failure) compound over time, increasing the risk of persistent delinquency.

Policy implications include early interventions, support during major life transitions, mentorship
programs, school-to-work initiatives, and strengthening family and community ties to facilitate
desistance from crime.

B. General Theory of Crime (Gottfredson & Hirschi)

Proposed by Michael Gottfredson and Travis Hirschi in 1990, the General Theory of Crime
suggests that all forms of criminal and deviant behavior—including juvenile delinquency—stem
from a single underlying trait:

low self-control: Low self-control is characterized by impulsivity, risk-taking, short-term

gratification, insensitivity to others, and a preference for simple tasks. According to the theory,
individuals with low self-control are more likely to engage in delinquency because they fail to
consider the long-term consequences of their actions. This trait is not innate but develops early in
life, typically by age 8 to 10, and remains relatively stable afterward.

The primary cause of low self-control is ineffective parenting—particularly the failure to monitor
behavior, recognize deviance, and consistently discipline misbehavior. While situational
opportunities still matter, the theory emphasizes that low self-control is the central determinant
of delinquency across a wide range of contexts and offenses.

Policy implications include promoting effective parenting strategies, investing in early

childhood education, providing parent training programs, and ensuring consistent supervision
and discipline during early developmental stages to build self-regulatory capacity in youth.

C. Ecological Systems Theory (Bronfenbrenner)

Developed by Urie Bronfenbrenner, this theory views juvenile delinquency as a product of the
dynamic interactions between a child and their multiple environmental systems. These systems
are structured in a nested model, each influencing and being influenced by the others:

1. Microsystem – the immediate environment of the child, including family, peers, and school.
Poor parenting, negative peer influence, or school failure can directly increase delinquency
risk.
2. Mesosystem – the interactions between different microsystems, such as the relationship
between a child's school and home life. Conflict or lack of communication between these
settings can hinder consistent socialization.

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3. Exosystem – external settings that indirectly influence the child, like a parent’s workplace,
neighborhood crime rates, or availability of social services.
4. Macrosystem – the broader cultural, economic, and legal context, including societal norms,
policies, and inequality. Cultural tolerance of violence or systemic marginalization can
contribute to delinquency.
5. Chronosystem – the dimension of time, reflecting life transitions (e.g., parental divorce)
and socio-historical shifts (e.g., economic recessions) that affect a youth’s development over
time.

The theory emphasizes that a child's development, including the potential for delinquent
behavior, is not shaped by any one factor, but by the complex and evolving interplay of all these
systems.

Policy implications include multi-level interventions that support families, improve schools,
strengthen community infrastructure, and address broader social and policy-level inequalities.

Sociological and criminological theories collectively show that juvenile delinquency arises from
a complex interplay of personal characteristics and structural conditions. A multidimensional
approach that incorporates these perspectives is essential for designing effective responses to
youth crime.

THE CONCEPT OF JUVENILE JUSTICE

The late 19th century saw the establishment of juvenile justice courts in the US, prioritizing
rehabilitation over punishment. Influenced by the social work movement, these courts aimed to
address the unique needs of younger offenders. Judge Julian Mack, a prominent figure in
juvenile justice, advocated for a compassionate approach, emphasizing prevention and
rehabilitation over punishment. His ideas have shaped contemporary practices, emphasizing
child welfare and support.

The Juvenile Justice System is the collective institutions and laws through which a youthful
offender passes until any charges have been disposed of or the assessed punishment has been
concluded. The system comprises; juvenile courts, judges, lawyers and psychologist,law
enforcement officers, for example the police and correction for example, probation officers and
social workers.

In Nigeria, the major document guiding juvenile justice is short-titled: ‘Children and Young
Persons Laws’, henceforth referred to as CYPL. The four former regions had their respective
CYPL. Those of the Lagos Colony and the Western Region were enacted in 1946. These laws
were later adapted for eastern and northern regions in 1958. The enactments of these laws were
meant to protect the child from the highly technical, cumbersome and harsh adversatorial nature
of the procedure characteristics of ordinary courts. They were also meant to protect the welfare
of the children in the dispensation of justice. Thus, these laws together legislated:

1. Against the trying of juveniles in open adult criminal courts, and made provisions for
Juvenile Courts (except that of the North);

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2. Against the sentencing of juveniles to prisons, and made provisions for juvenile probation
(except that of the North) and Juvenile Institutions, and;
3. Against the maltreatment and neglect of juveniles, and made provisions that juveniles
committed to juvenile institutions must be properly lodged, fed, cared for and instructed.

Studies show that some juvenile institutions are custodial, focusing on moralistic treatment
philosophy, while others are treatment-oriented. Moralistic treatment philosophy is based on
free will and pleasure-pain principles, while social/case work treatment philosophy suggests
delinquents can be re-socialized through proper education and support in a secure institution.
The pertinent question here is, to what extent are Nigerian juvenile institutions treatment-
oriented rather than punishment/custodial-oriented?To effectively answer this, there is the need
to outline the types of juvenile institutions we have in Nigeria.

JUVENILE INSTITUTIONS

The CYPL prohibits adult court trials for juveniles and provides provisions for juvenile
institutions, including Juvenile Courts, Borstal Centres, Approved Schools, and Remand Homes
in Nigeria.

Juvenile Courts
Juvenile courts handle cases involving children and young persons, focusing on psychological
and social-environmental factors rather than criminal procedures. Probation officers and social
workers present reports to the court, presenting the substance of the offense and prevailing
circumstances. Juvenile justice combines law, science, and social sciences to aid the offender,
rather than aiming for a conviction.

In juvenile court proceedings, spectators are not allowed, and only the juveniles' relations and
experts are allowed to present their reports. The Beijing Rules and the African Charter on the
Rights and Welfare of the Child (ACRWC) reinforce this requirement, stating that no
information leading to the identification of a juvenile offender should be published. Special
terminologies are created to avoid stigmatizing the juvenile, replacing terms like 'accused' with
'child' or 'juvenile' 'arrest' with 'under custody', 'investigation' with 'inquiring', 'trial' with
'hearing', 'conviction' with 'committal', 'jail' with 'detention', 'punishment' with 'correction',
'parole' with 'after care', and so on.

In juvenile courts, the hearing process is inquisitorial, involving a judge and non-legal
professionals without defense lawyers. Defense lawyers are engaged to provide information on
the side of the law, not to slog out cases with prosecution lawyers. The judge adjourns cases
when necessary information is unavailable or inadequate. This informal, relaxed interaction
between the child, parents, judge, and other professionals is crucial. The hearing begins with the
juvenile being informed about the alleged offense and confirming or declining the allegation. If
the juvenile denies, the court hears witness testimony. After the evidence, the court allows the
juvenile and/or parents to ask questions or make statements, ensuring necessary clarification.The
court hears defense witnesses and allows the juvenile to defend. If the offence is proven or
admitted, the court asks the juvenile and/or their parents/guardian to offer mitigation or other
comments.

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The court, after determining the juvenile's offence, considers various disposition measures based
on their individual needs.They include:

1. Discharging the offender and ordering him to be of good character on his entering into
recognisance to be of good character;
2. Discharging the offender and placing him under probation order;
3. Discharging the offender and placing him under the care of a relative or another fit person;
4. Committing him to any of the juvenile custodial institutions,which are described in the
relevant sections of this lecture;
5. Ordering him to be imprisoned where the offender is a young person;
6. Ordering the offender to be caned;
7. Ordering the offender to pay a fine, damages,or costs;
8. Ordering the parent or guardian of the offender to pay a fine,damages,or costs;
9. Ordering the parent or guardian of the offender to give security for his good behavior, and;
10. Dealing with the case in any other manner in which it may be legally dealt with.

Peculiar situations allow for imprisonment of young people if alternative disposition measures
cannot be applied. Even in such cases, they cannot associate with adult prisoners, and death
sentences are not allowed. No child should be convicted for hard labor, isolation, or corporal
punishment of any kind.

The Borstal Centre

This juvenile institution derives its name from the village called Borstal, just outside Rochester
where it was first set up in Britain (Wills,1962). When introduced in Nigeria, it retained its name.
Borstals are fewer than both Approved Schools and Remand Homes in Nigeria. For example, in
the whole country there are only two, one in Lagos in the south and the other in Kaduna in the
north. Borstal institutions are meant for only young persons. According to Milner (1972), there
are two functions of Borstal institutions in Nigeria:

1) The encouragement of a personal relationship between the Borstal Staff and juveniles
through which the juveniles will be given 'progressive trust demanding personal decision,
responsibility and self-control' and;
2) Placing emphasis on regular educational and vocational training regimen with a demanding
physical training content.
3) Juvenile delinquents can be committed to this school for a period as long as two (2) years
and above and a two (2) year follow-up after a release programme.

Approved School
This institution sprang from the early 19th Century schools of industry in Britain, chiefly
directed to the suppression of child begging (Ferguson,1952). When it was introduced into
Nigeria in 1932, it bore the same name: 'Industrial School'. Subsequently, the name changed to
the present name: 'Approved School'. The Enugu Industrial School could be said to be the basis
of the approved school system in Nigeria (Milner,1972). Approved schools unlike Borstal, are a
place where children, not young persons, are committed for vocational and educational training

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with no or less emphasis on physical training. Juvenile delinquents can be committed to this
school for a period as long as three (3) years and above, and a two (2) year follow-up after a
release programme. The institution is expected to be in some ways not just a school but also a
substitute home.

The Remand Home

This institution is a recent development in Nigeria compared to Borstals and Approved Schools.
Though the most recent, Remand Homes are found to be the most numerous by a nationwide
study conducted by the Nigerian Institute for Advanced Legal Studies (NIALS, 1990), Lagos.
While every state of the federation has at least a Remand Home, not every state has an Approved
School and only Kaduna State has a Borstal Institution, which is meant for the whole country
(NIALS, 1990). Remand Homes in Nigeria are meant for the following:

1) The detention of juveniles on trial for the purpose of "conducting a special scrutiny of the
juvenile with a view to obtaining information about him, which may assist the court in
disposing of his case” (Milner, 1972:357).
2) The custody of endangered children, and;
3) The committal of juveniles for short sentences (a maximum of six months), although the
Minister can extend the mandate (CYPL,1958: ss. 4,7,9 & 26).

Remand homes, borrowed from developed countries, serve primarily as approved or borstal
institutions in Nigeria. They are often used as substitutes for approved schools, as they are the
most numerous in the country. The second and third functions should not be included in remand
home purposes. While the primary function of the remand home, which is that of detention of the
juvenile on trial, has been relegated to the background, detaining a juvenile in police cell and
prison remand has been prevalent.

PROBLEMS OF JUVENILE JUSTICE IN NIGERIA

In the 1980’s in Nigeria, the juvenile system was very effective and highly practiced, but it is no
longer so in this day and age. The reasons for this include:

1) Improper justice system: Lack of proper justice system in Nigeria’s administrative system
can be viewed as one of the key factors affecting juvenile system of administration in the
country.
2) Constitutional defects: The non-inclusion of certain Child’s Right Act into the Constitution
of the Federal Republic has impedes on the growth of an effective juvenile administration in
the country.
3) Lack of juvenile court judges: The absences or lack of juvenile court judges and lawyers
has greatly affected the administration of juvenile. The cases of where children are abused or
molested but don’t have judges or lawyers to defend them is increasingly becoming an
embarrassment for the nation.
4) Funding: Lack of funds especially from the government and partners have hindered juvenile
system of administration in the country. Funds are needed in prosecuting and making the
cases of abuse children heard in the outside world. If these trends continue, I fear we will
still continue to live in limbo!

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4) Attitudinal and cultural changes: The kind of parental and societal attitudes attach to
children behaviors in our present society today can be seen as our ‘normal way of life’. We
tend to put cultural ties to the defense of child’s character if infringe upon.

PROPOSED REFORMS OF JUVINILE JUSTICE IN NIGERIA

Prevention
1. The right of children should be made known to children, parents and all other actors through
the media and other accepted methods of communication;
2. Education should be brought into effects as a transforming agent for the child;
3. Poverty eradication programmes should be implemented effectively;
4. Civic education should be introduced and or developed in the school curriculum;
5. Participation of juveniles in planning and in the implementation of interventions related to
juvenile justice should be encouraged, in particular through peer education;
6. Preventive family counseling should be made available to families and children;
7. Family support services should be encouraged in order to strengthen responsibilities of the
parents;
8. Training of social workers on counseling techniques should be enhanced;
9. Youth friendly facilities should be established to serve as an outlet for information and
counseling for children and youth; and
10. Complaint mechanisms should be established for juveniles who are physically, sexually or
psychologically abused and for those who are at such risk and civil remedies should be
provided.

Arrest/Pre-trial Detention
1) Arrest and pre-trial detention should be used as a measure of last resort;
2) Juveniles should be separated from adults; and
3) Juveniles should not be remanded in custody for longer than 48 hours, unless accused of
homicide.

Diversion
1. Diversion programmes should be offered by social workers, child psychologists or other
suitable professionals;
2. Relevant sections of the draft Children’s Bill should be reviewed in order to spell out the
principles, objectives, processes, procedures and structures of the available diversion options;
3. Traditional methods of handling juvenile cases by community leaders should be documented,
recognized by law and further developed, if found suitable;
4. Database on respective activities and network should be built by NGOs;
5. Awareness raising campaigns should be organized, including through the media, to change
public perception of diversion as a part of a juvenile justice process;
6. Diversion options should take into account the needs of the victim and the cost of his/her
prejudice and facilitate mediation between the parties interested where the victim’s request
appears not to be proportional with his/her injury, loss or damage;
7. Training and guidelines package for diversion schemes should be developed;
8. Stakeholders should receive training and enjoy the assistance of referring to written
guidelines on diversion schemes; and

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9. Available structures for supervising diversion programmes should be adequately resourced.

Juvenile Court
1. Court procedures should be less formal when dealing with juveniles;
2. Juveniles courts should be established in separate building if possible;
3. Where there is no separated building, magistrates should conduct the proceedings in camera;
4. Magistrates selected to handle cases involving juveniles should be trained and retrained;
5. Juveniles and their parents should be supported throughout the proceedings by social
workers and psychologists etc;
6. Legal aid should be provided to juveniles;
7. Courts should consider in a more systematic manner the right to bail in juvenile cases;
8. Peer juries or youth courts should be established as appropriate;
9. Death sentence and life imprisonment should not be imposed on juvenile offenders; and
10. Corporal punishment should be eliminated and expunged from our legislative instruments.

Alternative Sentencing
1) Non-custodial sentencing should be used in cases, except where it is not suitable;
2) Alternatives, in particular community services, life skills programmes, and victim-offender
mediation and family group conferences should be developed; and
3) Appropriate alternatives should be developed for girls.

Institutions
1. Children should not be held in prison for minor offences, except for serious cases;
2. The relevant juvenile justice agencies should pay unannounced visits to prisons and cells to
monitor their compliance with international standards and norms;
3. Adequate resources for the approved schools (including vocational education and training)
should be provided;
4. Privatization of juvenile institutions should be considered as a way of improving efficiency
and management of juvenile detention;
5. Law enforcement agents should not always wear uniforms when dealing with juveniles; and
6. All personnel concerned with juveniles should receive specialized training.

Reintegration
1) The media should be sensitized and trained on the rights of the child and on the applicable
standards and laws related to cases involving children in conflict with law such as
prohibition of the release of the name of the identity, and the picture of the child;
2) Names of the institutions or facilities for juveniles should be more child friendly;
3) Resettlement programmes (such as material or start-up packages) should be made available
to juveniles upon their release; and
4) Psychosocial treatment and counseling should be made available to juveniles.

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Further Readings:
1. Alemika, E.E.O. and Chukwuma, I.C. (2001). Juvenile Justice Administration in Nigeria:
Philosophy and Practice. Lagos: Centre for Law and Enforcement Education (CLEEN
Foundation).

2. Block, H.A and Flynn, F.T. (1956) Delinquency: The Juvenile Offender in America
Today. New York: Random House.

3. Muncie, J. (1999) Youth and Crime: A Critical Introduction London: Sage Publications.

4. Reiss, A.J. (1951) “Delinquency as the Failure of Personal and Social Controls” in
American Sociological Review 16: 196-207.

5. Siegel, L.J. and Senna, J.J. (2012) Juvenile Delinquency: Theory, Practice and Law. St
Paul, MN: West Publishing Co.
6. Sutherland, E.H. (1947) Principles of Criminology, Philadelphia: Lippincott.

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