Issue link: https://maltatoday.uberflip.com/i/1491153
6 maltatoday | SUNDAY • 29 JANUARY 2023 NEWS MALTA'S Criminal Code obliges courts to reduce appli- cable punishments by one or two degrees in cases where the accused is aged between 16 and 18. This means that criminal re- sponsibility is diminished for young people who can other- wise vote, buy alcohol or give consent to sexual activity. It was Magistrate Donatella Frendo Dimech who expressed incredulity over the situation when presiding over the ar- raignment of two 17-year-old youths accused of breaking a young boy's leg during an as- sault in Valletta. In a personal opinion, the pre- siding magistrate stated that she disagreed with the law as it currently stands. "So [at age 16] they're good to marry, run for politics, work in business, but then they aren't able to be charged as adults. It is a great injustice," she said. Her comment has rekindled the debate as to whether leg- islators should reconsider the concept of diminished criminal responsibility for young people between 16 and 18. Psychologist Sandra Scicluna, a senior lecturer in criminology at the University of Malta, tells MaltaToday that she agrees with the court's observations, but says harsher punishment is not the solution. "The magistrate has a point, and I also say the same thing. Those age groups can do almost everything and then with re- gards to other things, the treat- ment of the 16-18 age group is murky," she says. But she also admits the issue is not clear cut because 16-year- olds are not fully developed. "Their mental development, especially regarding the regu- lation of emotions, is still very much in the beginning," Dr Sci- cluna says. "Scientifically speak- ing, the age group lacks the maturity to understand their actions, because their brain's prefrontal cortex is not fully developed. It is fully formed at around 22 years of age." She argues that youths in these situations need help more than they need punishment. "To- day a 12-year-old, a 13-year- old knows what's wrong and what's right, what they can and can't do. I'm not saying that we should put 12 or 13 year olds in prison, but that we should pro- vide [courts] the tools to con- trol them when necessary." In other jurisdictions, there are facilities such as care homes for problematic children who need this type of control and care, explains the psychologist. They can be taken out of their house and placed where they can receive the care they need, she says. "Children in such facilities are assessed on a regular basis and return to their homes when they're ready. We had suggest- ed this type of home in the past. It's been suggested to various governments over the years. The problem is that it is a bit controversial. It's not a prison but is interpreted by the public as a 'prison for children', so this leads to reluctance to introduce such a thing," Scicluna says. What these young people need A magistrate expressed her personal opinion on how the law entitles youngsters between 16 and 18 to less onerous punishment for criminal acts. Matthew Agius asks whether the age of criminal responsibility should be lowered You can marry, vote and have sex at 16. But you can't be sent to jail....