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During the recent parliamentary debate on a new bill aimed at addressing loitering by children, MP for St. Philip South, Sherfield Bowen, voiced strong opposition to criminalizing children found loitering on the streets. In his remarks, Bowen argued that the criminal justice system is not the appropriate tool for handling this issue.
He noted that the bill, according to the explanatory memorandum, seeks to address the issue of children loitering on the streets. However, he questioned whether creating a criminal offense was the right approach.
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“I cannot agree that the criminal court or the criminal system is the answer to children lying on the street,” Bowen stated. He supported an amendment proposed by the MP for City West, which targets bar owners, business establishments, and adults who harbor children. However, Bowen was clear in his opposition to involving children in the criminal justice system for loitering.
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“I do not see any commonality between the conduct of loitering and creating a criminal offense. I think the Education Act, an act of truancy, and other regulations can address this issue without resorting to criminal law,” Bowen asserted.
He went on to express concerns about Section 11(a) of the bill, which broadly defines any person under the age of 18 as subject to the new regulations. Bowen argued that this provision was overreaching, as it failed to consider that some minors under 18 are emancipated and legally permitted to be on the streets.
“This law prohibits any person under the age of 18, and I think it’s overbroad. It’s going to be unconstitutional to capture the rights of people who are allowed to be on the street,” Bowen added. He emphasized that the law needs to focus specifically on school children, rather than casting a wide net over all minors under 18.
. “We cannot be curbing the rights of young people to be on the street in a democracy,” he stated.
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