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MALTATODAY 29 January 2023

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7 NEWS maltatoday | SUNDAY • 29 JANUARY 2023 is social help, she adds, but ac- knowledges the challenges that come with such an age group. "Adolescents naturally think that they know it all and that they are invulnerable and nor- mally refuse help. But the an- swer is surely not putting them in prison. I absolutely disagree with it." Lawyer Veronica Spiteri, who regularly handles criminal and juvenile cases, acknowledges the difficulty of dealing with such cases. There is no clear-cut solu- tion to the problem, she says, insisting every case has to be de- cided on its own merits. "It is true that for certain peo- ple aged between 16 and 18 it is essential that if one commits a crime we should use the tools given to us by law to help them reform themselves. However, at 16 years of age, a person is well aware of the difference between right and wrong, between some- thing that is legal and something that is illegal, and that is why we have the courts - to analyse the facts and find out what the ideal actions that should be taken in the circumstances." Spiteri stresses that it is also important for young offenders who are found guilty, to recog- nise their mistake and realise that for every action there are consequences. Prof. Andrew Azzopardi, Dean of the Faculty for Social Wellbe- ing, on the other hand complete- ly disagrees with the suggestion that the age of criminal respon- sibility should be lowered. "To re-think criminal respon- sibility is clutching at straws," he says. He argues that using oth- er age-restricted activities, like smoking, sex and marriage, in- volving young people as a meas- ure of consistency is unwise, because those restrictions are administered indiscriminately and without a scientific basis. "I think there are other funda- mental and serious issues here that need to be analysed... It shows that in the first place our social care system and our social justice system are in a mess," he says. The academic expresses con- cern that the way such cases are currently handled by the le- gal system potentially exposes young people to criminal influ- ence, by introducing them to the prison system. "And we know why - because the judiciary are at a loss, and there are not enough resources they can engage with when faced with such matters." Azzopardi points out that the most recent case also prompted a very strong reaction directed towards the courts by the Prime Minister. Robert Abela called on the courts to deliver judgments that reflect the good work police do to solve criminal cases. It was a reaction to the outcry that en- sued in the wake of the Valletta assault. Azzopardi says that society has failed over the years to address so many issues - child traumas, a growing mental health problem amongst young people, a vio- lent economic model, a growing frustrated community lacking space and an increase in traffic, the lack of specialised communi- ty and residential services when it comes to behavioural issues of children, a mental health service lacking the basics in terms of residential care. "And then we are surprised that a couple of yobs and prank- sters lash out at other children – and our reaction is platinum, refusing them bail. If this is not damaged, I don't know what is," he says. magius@mediatoday.com.mt

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