Life imprisonment of children in the Americas

As part of CRIN’s inhuman sentencing campaign, we monitor life imprisonment of children around the world and track relevant legal reform. This page includes country profiles for the Americas detailing the legality of life imprisonment in each country, how life imprisonment is defined nationally and, where the information is available, how many children are serving life imprisonment.

Please contact us at [email protected] if you are aware of any inaccuracies in this information of legal reforms underway to amend relevant legislation in any State.

Antigua and Barbuda

Life imprisonment

Life imprisonment and detention during Her Majesty's pleasure are both lawful penalties for offences committed while under the age of 18.

Meaning of life imprisonment

When a person is sentenced to life imprisonment, he or she is given a minimum set period that must be served in detention.1 Sentencing is at the discretion of the judge who must consider all factors relating to the offender and the offence, including the age of the offender when the crime was committed.2

Although sentencing is subject to judicial discretion, the Eastern Caribbean Supreme Court, Court of Appeal, “has set out … guidelines for sentencing; and in order that there should be some consistency, it is incumbent that a trial judge complies with those guidelines, save where there are compelling reasons to depart from them”.3 Among the “three very important matters” that a trial judge must consider when imposing a sentence is the age of the offender:4 trial courts must pay attention to “the very compelling mitigating factors in each case, including the youthfulness of the offender.”5

The relevant legislation could be read as permitting life imprisonment without parole for child offenders, but no known child is serving such a sentence.6

Minimum age of criminal responsibility

Children can be held criminally responsible from the age of 8.7

Maximum sentences

Life imprisonment

The Treason Act specifies life imprisonment as the punishment for treason,8 and the Government has stated that this applies to any person, including persons under 18.9

Detention during Her Majesty's pleasure

In prohibiting the death penalty for persons convicted of murder when they were under 18, Article 3 of the Offences Against the Person Act prescribes in lieu detention “during Her Majesty’s pleasure”. There are no limits placed on the duration of detention and the Government has stated that this allows for the possibility of life imprisonment for under 18s.10

Juvenile Courts

Under the Juvenile Court Act, all offences committed by persons under 18, except murder or those allegedly committed jointly with an adult, should be heard by a juvenile court.11 There is no provision for life imprisonment of under 18s in the Juvenile Act.12 The Magistrates Code of Procedure Act states that for offences which come under the jurisdiction of the Magistrates court, no child (a person under the age of 14 under national legislation) convicted under this Act or the Juvenile Act can be sentenced to imprisonment, and there are limits on imprisonment of three months for a young person and six for an adult.13

Number of children serving life imprisonment

CRIN has not been able to identify any cases in which a child has been sentenced to life imprisonment. In the case of The Queen v. Avie Howell and Kaniel Martin in sentencing a defendant who had recently turned 18, the court found his age to be “a critical consideration” in deciding to impose a life sentence, and contrasted the situation to crimes committed by persons under the age of 18.14

Argentina

Life imprisonment

Life imprisonment for persons under the age of 18 is unconstitutional and therefore not a lawful sentence for children.15

Meaning of life imprisonment

An adult sentenced to life imprisonment must serve a minimum term of 20 years in detention before being released.16

Minimum age of criminal responsibility

No person can be held criminally responsible for anything done while under the age of 16.17 A child older than 16 but younger than 18 can only be held criminally responsible where the offence is punishable by deprivation of liberty for more than two years.18

Maximum sentences

Following the case of Mendoza v. Argentina and related national litigation, it is not clear what the maximum sentence is for a child offender.

Number of children serving life imprisonment

Until 2012, life imprisonment was a lawful sentence for offences committed by children aged 16 to 18. During Argentina's review by the UN Committee on the Rights of the Child in 2010, the Committee found that 12 children had been given life sentences between 1997 and 2002, and that as of the review, three still faced life imprisonment. Five child offenders petitioned the Inter-American Commission on Human Rights between 2002 and 2003.19 See the section above on life imprisonment and the Inter-American human rights system for full information on this litigation.

Bahamas

Life imprisonment

Life imprisonment and detention during Her Majesty's pleasure are both lawful sentences for offences committed while under the age of 18.

Meaning of life imprisonment

It is not clear what life imprisonment means in Bahamanian law. The Privy Council ruled in 2006 that the mandatory death penalty for murder in the Bahamas was unconstitutional,20 and since then life imprisonment has become a much more common sentence. It appears, however, that there is no settled case law on the the meaning of life imprisonment. However, following the amendment of the Penal Code in 2011, a minor convicted of murder must be sentenced to a minimum of 20 years' imprisonment and his or her continued confinement must be reviewed every five years thereafter.21

Minimum age of criminal responsibility

Children under the age of 10 cannot be held criminally responsible for any act22 and a child under the age of 12 can only be held criminally responsible where he or she has “attained sufficient maturity of understanding to judge the nature and consequences of [his or her] conduct in the matter in respect of which [he or she] is accused.23

Maximum sentences

Life imprisonment

Life imprisonment is a penalty for a number of offences under the Penal Code which can apply to persons under 18, including murder, manslaughter, abetting the suicide of another person, treason, use of armed force against the government, and perjury in relation to a capital crime.24

Detention during Her Majesty's pleasure

Where a person under the age of 18 is found guilty of murder, he or she must be sentenced to be detained “during Her Majesty's pleasure” in lieu of the death penalty.25

Number of children serving life imprisonment

No case could be located in which a person had been sentenced to life imprisonment for an offence committed while under the age of 18. However, media coverage of child offenders who have been charged with murder is readily available26 and murder carries a mandatory sentence of life imprisonment for child offenders. The Bahamas also has one of the highest murder rates in the Caribbean at 34.1 murders per 100,000 people.27 Even if no child offender is currently serving a sentence of life imprisonment, they are at serious risk of being so sentenced.

Barbados

Life imprisonment

Life imprisonment is a lawful sentence for offences committed while under the age of 18.

Meaning of life imprisonment

It is not clear how life imprisonment is defined in Barbados nor how long people serving life imprisonment spend in detention in practice. As of March 2014, the Attorney-General reported that the Cabinet had agreed in principle to the implementation of a formal parole system, but at the time of writing it was unclear if or when this would enter into force.28 The Governor-General has the power to grant a pardon, respite or remittance of a sentence or to substitute it for a lesser penalty, which can act as a means to order the release of a person serving a life sentence.29

Minimum age of criminal responsibility

No offence is punishable when committed by a child unless the court is of the opinion that the child is older than 11 and has “sufficient capacity to commit crime.”30

Maximum sentences

Life imprisonment

Persons aged 16 or over are tried as adults. Life imprisonment is a lawful sentence for a number of offences, including kidnapping31 and murder.32

Detention during Her Majesty's pleasure

The sentence of detention during Her Majesty's pleasure (DHMP) is mandatory for any person under the age of 18 who is convicted of an offence for which the death penalty would be applicable for an adult.33

Children under the age of 14 cannot be sentenced to “imprisonment”34 but can be sentenced to DHMP, which permits detention “in such place and under such conditions as the Governor-General may direct”, which could authorise the indefinite detention of persons under the age of 14, up to and including for life, though since a Privy Council ruling in 2005, the court now determines when a person serving DHMP is released.35

Number of children serving life imprisonment

No statistics could be located indicating how many people are serving life imprisonment or detention during Her Majesty's pleasure for offences committed while under the age of 18. However, a small number of judgments could be located in which child offenders have been sentenced to DHMP.36

Belize

Life imprisonment

Life imprisonment is a lawful sentence for offences committed while under the age of 18, though mandatory life sentences without parole are unconstitutional. The Supreme Court of Belize has ruled that mandatory life imprisonment without the possibility of release for juveniles violates the constitutional prohibition on torture, inhuman or degrading punishment or treatment.37

Meaning of life imprisonment

The Supreme Court has indicated in obiter dicta (remarks made that are only of persuasive effect) that life imprisonment should include a minimum period of detention that must be served which must be determined at the sentencing, after which a convicted person would become eligible for parole. During this judgment, the Chief Justice called for sentencing practices to be rationalised so that the tariff period would always be known at the start of the sentence.38

The State had previously reported that in effect 18 to 20 years must be served before a person sentenced to life imprisonment may be considered for parole.39

Minimum age of criminal responsibility

No one can be held criminally responsible for anything done while under the age of nine.40 A child older than nine but younger than 12 can only be held criminally responsible where he or she has “attained sufficient maturity of understanding to judge of the nature and consequences of [his or her] conduct in the matter in respect of which [he or she] is accused.”41

Maximum sentences

Life imprisonment

Where a person under the age of 18 would be sentenced to death, courts must instead sentence him or her to imprisonment for life.42 The State has confirmed that children as young as nine can be lawfully sentenced to life imprisonment.43

Prior to 1994, child offenders were sentenced to detention during Her Majesty's pleasure (DHMP) in lieu of the death penalty, but the Court of Appeal found DHMP violated the principle of separation of powers by permitting the executive to fix a sentence.44 At the time, the Court applied a sentence of life imprisonment in place of DHMP and the relevant legislation was subsequently amended to ensure that child offenders are sentenced to life imprisonment instead.45

Number of children serving life imprisonment

In Bowen and Jones v. Belize, the Supreme Court of Belize found the sentences of life without the possibility of parole were unconstitutional in relation to two men who were aged 16 and 17 at the time they committed separate murders. In striking down these life sentences, the Court replaced them with fixed prison terms of 25 years.46 After this judgment, life imprisonment remained a lawful penalty for child offenders, but it is not clear if any person is now serving such a sentence for an offence committed while under the age of 18.

Bolivia

Life imprisonment

Life imprisonment is not a lawful sentence regardless of age and adults cannot be imprisoned for more than 30 years.47

Minimum age of criminal responsibility

People can be held criminally responsible from the age of 16,48 but can be subject to socio-educative measures from the age of 12, including those amounting to deprivation of liberty.49

Maximum sentences

Institutionalisation can last for up to five years for adolescents aged 14 to 16 and three years, for minors between 12 and 14 and can only be applied to cases involving crimes with a maximum penalty of longer than five years. Where a child offender has repeatedly failed to comply with a lesser sentence, the judge can sentence the child to up to three months of detention.50

Community service, assisted liberty, house arrest and semi-detention can be imposed for a maximum of six months.51 “Codes of conduct” such as prohibition on contact with certain individuals and to attend certain public spaces can last for up two years.52

Number of children serving life imprisonment

Life imprisonment is not a lawful sentence for any offence regardless of age.

Brazil

Life imprisonment

The Constitution of Brazil explicitly prohibits penalties “of a perpetual character”53 This provision cannot be revoked, even by constitutional amendment.54 Life imprisonment is not a lawful penalty regardless of age and the maximum period of detention an adult can serve is 30 years.55

Minimum age of criminal responsibility

The minimum age of criminal responsibility is formally 18, but if a person is under the age of 18, an alleged criminal offence is considered an infraction and the person would be subject to “socio-educative measures”.56

If over 12, the measures may include community service and partial or total institutionalisation in a socio-education facility.57 If under 12, the child can be placed in a foster home or with a family, among other measures including psychological accompaniment and mandatory attendance of classes, which can also be applied to children older than 12.58 These measures have led some commentators to report that the minimum age of criminal responsibility is 12, as this is the point at which penalties indicative of criminal responsibility – most notably deprivation of liberty - can be applied.59

Maximum sentences

An adolescent cannot be sentenced to detention for more than three years60 or to community service for more than six months.61

Number of children serving life imprisonment

Life imprisonment is not a lawful penalty for offences committed while under the age of 18.

Canada

Life imprisonment

Life imprisonment is a lawful sentence for offences committed while under the age of 18.

Meaning of life imprisonment

When a person is sentenced to life imprisonment, the court must set a minimum period that he or she must serve in detention before becoming eligible for parole. The Criminal Code sets out a sliding scale of minimum terms that varies with the severity of the offence. For the most serious offences, including first degree murder, treason and a small number of aggravated homicide offences, the non-parole period must be 25 years, though for most offences, this period is much shorter.62 Where such a long non-parole period has been set, a person serving a life sentence may apply to have this non-parole period reduced once he or she has served 15 years in detention.63

For a person sentenced to life imprisonment for first or second degree murder committed while under the age of 16, the non-parole period must be between five and seven years and for a person aged 16 to 17, the period must be 10 years.64

Minimum age of criminal responsibility

No person can be convicted of an offence in respect of an act or omission committed while under under the age of 12.65

Maximum sentences

Life imprisonment for children sentenced as adults

There is, in effect, a general prohibition on life imprisonment for persons under 18. Youth courts have exclusive jurisdiction over offences committed by “young persons” (children older than 12 but younger than 18),66 and these courts cannot hand down sentences of life imprisonment.67

There are, however, two exceptions to this general rule. Where a child is accused of an indictable offence for which an adult would be liable to more than two years' imprisonment he or she may be liable for an adult sentence, including life imprisonment if:

  • The young person indicates that he or she does not wish to be subject to a youth sentence, the court must order an adult sentence to be imposed. Adult sentences can include life imprisonment; or
  • The court is of the opinion that a youth sentence imposed in accordance with the Youth Criminal Justice Act would not have sufficient length to hold the young person accountable for his or her offending behaviour.

Where an adult sentence is passed on a child offender for murder, a life sentence is mandatory.

Youth Court sentencing

If sentenced by the Youth Court, child offenders cannot be sentenced to more than 10 years for the most serious offences (including first degree murder) of which no more than six years would be spent in custody before a further term of conditional supervision within the community would be applied.68

Number of children serving life imprisonment

It has not been possible to locate official statistics on the number of people sentenced to life imprisonment for offences committed while under the age of 18. However, a search of case law databases and media reporting on young offenders sentenced to life imprisonment has made it possible to identify a number of cases in which a person has been sentenced to life imprisonment for an offence committed while under the age of 18 and to indicate how long some of these people have served in practice.

In 2013, the Youth Justice Court of Nova Scotia sentenced a man to life imprisonment with a non-parole period of seven years for second degree murder committed while aged 16.69 In October 2013, another young man was sentenced to life imprisonment for a murder committed when he was 1770 and in 2011, two young men were sentenced to life imprisonment with a non-parole period of 10 years for rape and murder.71

Press reported in July 2014 that a woman who had been sentenced to life imprisonment in 2001 with a non-parole period of seven years had been released on parole after serving 13 years' imprisonment.72

Chile

Life imprisonment

Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.

Meaning of life imprisonment

An adult serving life imprisonment must serve 40 years before being considered for conditional release.73

Minimum age of criminal responsibility

Chilean legislation describes the minimum age of criminal responsibility as 18, but child offenders can be subject to “socio-educative measures”, including deprivation of liberty, for criminal offences from the age of 14.74

Maximum sentences

Persons under 16 can be detained for up to five years and for up to 10 years if older than 16.75 These penalties can only be imposed where the corresponding sentence for an adult would be more than five years' imprisonment.76

Community service can last for up to 120 hours, four hours a day.77 Assisted liberty, including the imposition of certain conducts, can last for up to three years.78

Number of children serving life imprisonment

Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.

Colombia

Life imprisonment

Life imprisonment is not a lawful sentence for any offence regardless of age. Adults cannot be imprisoned for more than 40 years.79

Minimum age of criminal responsibility

Children can be held criminally responsible from the age of 14, but are subject to the Juvenile Penal Responsibility System, under which they do not establish a criminal record.80

Maximum sentences

Generally, persons over the age of 16 can be sentenced to detention for up to five years where the the maximum penalty for an adult would be six years or more. However, minors over 14 can be sentenced to two to eight years detention for intentional murder, kidnapping or extortion.81

Community service can last for up to six months, eight hours per week.82 Liberty under “special attention” and the imposition of a “code of conduct”, can last for up to two years.83

Number of children serving life imprisonment

Life imprisonment is not a lawful sentence for any offence regardless of age.

Costa Rica

Life imprisonment

Life imprisonment is unconstitutional in Costa Rica and therefore cannot be applied as a sentence for any offence regardless of age.84 The maximum possible custodial sentence for an adult is 50 years' imprisonment.85

Minimum age of criminal responsibility

The Penal Code describes 18 as the minimum age of criminal responsibility,86 though children can be subject to penalties including deprivation of liberty from the age of 12 under the juvenile justice system.87

Maximum sentences

Persons aged 15 to 18 at the time of an offence can be detained for up to 15 years while those aged 12 to 15 cannot be sentenced to more than 10 years' imprisonment.88 If a person turns 18 while incarcerated, he or she must be transferred to an adult facility but remain separated from adult offenders.89

Community service can last for up to six months, eight hours per week;90 supervised liberty and attendance to educative programmes can last for up to two years.91

Number of children serving life imprisonment

Life imprisonment is not a lawful sentence for any offence regardless of age.

Cuba

Life imprisonment

Life imprisonment is a lawful penalty for offences committed while aged 16 or older.

Meaning of life imprisonment

A person serving life imprisonment generally cannot be released on probation or parole, though in exceptional circumstances the court can grant parole after 30 years.92

Minimum age of criminal responsibility

Under the Cuban Penal Code, only people over the age of 16 can be held criminally liable,93 however there is no minimum age at which children can be subject to penalties, including deprivation of liberty in re-education centres.94 In effect, 16 is the age of criminal majority: the point at which children can be sentenced to adult penalties.

Maximum sentences

Children aged 16 to 18

Child offenders aged 16 or older may be sentenced to half of the penalty provided for in the Penal Code for an adult.95 However, the lack of mandatory language appears to permit longer sentences and life imprisonment was introduced as a criminal penalty by the 1999 reforms to the Penal Code.96

Number of children serving life imprisonment

No statistics could be located on the number of people serving life imprisonment for offences committed while under the age of 18.

Dominica

Life imprisonment

Detention during the State's pleasure is a lawful sentence for offences committed while under the age of 18.

Meaning of life imprisonment

Detention during the State's pleasure may allow for detention for the rest of a person's natural life, though there are no known cases of full life imprisonment. The president has the discretion to grant a pardon, offer respite, remit a sentence or substitute a penalty for a lesser sentence.97

Minimum age of criminal responsibility

No person can be held criminally responsible for an offence committed while under the age of 12.98

Maximum sentences

Detention during the State's pleasure

In prohibiting the death penalty for persons under 18, the Offences Against the Person Act requires courts to sentence children to detention during the State's pleasure in lieu of capital punishment. The Government has stated that such a person can be sentenced to life imprisonment without possibility of release.99

According to the Magistrate’s Code of Procedure Act, a child under 14 cannot be sentenced to prison but 14 to 17 year-olds can be.100 We have been unable to establish whether or not there are exceptions to this restriction.

Number of children serving life imprisonment

No official statistics could be located indicating how many people are serving detention during the President's pleasure for an offence committed while under the age of 18. The Committee on the Rights of the Child requested statistics on the juvenile justice system when it reviewed the State in 2004, but no figures were produced in the State's official response.101

Dominican Republic

Life imprisonment

Life imprisonment is not a lawful sentence for any offence, regardless of age. The maximum sentence of detention for an adult is 30 years' imprisonment.102

Minimum age of criminal responsibility

Dominican legislation asserts that people can be held criminally responsible from the age of 18, but children can be subject to penalties including deprivation of liberty from the age of 13. Different rules and sentences are set for children under and over the age of 15.103

Maximum sentences

Child offenders can be sentenced to a maximum of three years detention if they were aged 13 to 15 when the offence was committed or up to five years if they were older than 15.104 A judge may only impose such a sentence where the offence carries a minimum penalty of more than five years detention for an adult and must give reasoning for handing down the sentence.105

If a minor intentionally fails to comply with lesser sanctions, that person can be submitted to up to six months in detention.106

Number of children in detention

Life imprisonment is not a lawful sentence for any offence regardless of age.

Ecuador

Life imprisonment

Life imprisonment is not a lawful sentence regardless of age. The maximum penalty for an adult is 25 years' imprisonment.107

Minimum age of criminal responsibility

The Penal Code asserts that the minimum age of criminal responsibility is 18,108 though children can be subject to penalties including deprivation of liberty from the age of 12.109

Maximum sentences

Child offenders can be detained for up to four years, though the detention must be reviewed every six months. Partial detention can be imposed for up to two years and supervised liberty can be imposed for one year.110

Number of children serving life imprisonment

Life imprisonment is not a lawful sentence for any offence regardless of age.

El Salvador

Life imprisonment

Life imprisonment is not a lawful sentence for any offence committed while under the age of 18. Life sentences are also nominally banned for adults,111 though the maximum period of incarceration for an adult, 75 years,112 amounts to a de facto life sentence.

Minimum age of criminal responsibility

The Penal Code asserts that 18 is the minimum age of criminal responsibility, though children can be subject to penalties including deprivation of liberty from the age of 12.113

Maximum sentences

Children aged 16 or 17 can be detained for half the sentence applicable for an adult up to a maximum of seven years detention.114 Children aged 12 to 16 can be detained for a maximum term of 5 years.115

Number of children serving life imprisonment

Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.

Grenada

The Juvenile Justice Act 2012 was enacted in October 2012 and would make substantial amendments to Grenada's juvenile justice system, including by prohibiting life imprisonment for any offence committed while under the age of 18. However, at the time of writing, this Act had not come into force. Until the Juvenile Justice Act enters into force, the sentencing of children is largely governed by the Criminal Code. This profile sets out both sentencing regimes.

Life imprisonment

Under the Criminal Code in force at the time of writing, persons under the age of 18 can be sentenced to detention during Her Majesty's pleasure.

The Juvenile Justice Act 2012 would explicitly prohibit life imprisonment as a penalty for an offence committed by a child.116

Meaning of life imprisonment

A person serving detention during Her Majesty's pleasure is liable to be detained in a place and under conditions as directed by the Governor-General.117 The Board of Review is responsible for reviewing the sentences of people sentenced to life imprisonment and detention during Her Majesty's pleasure and may advise the responsible minister on whether to exercise the prerogative of mercy. For a person under the age of 21 at the time of the relevant offence, such a review must take place annually.118

Minimum age of criminal responsibility

Criminal Code

The Criminal Code sets an absolute limit on the minimum age of criminal responsibility at seven, by providing that nothing is an offence which is done by a person under that age.119

Juvenile Justice Act 2012

Under the Juvenile Justice Act 2012, a child under the age of 12 would be presumed capable of committing a criminal offence120 and children under the age of 12 could only be held criminally responsible where the State can demonstrate this responsibility beyond reasonable doubt.121 In deciding whether a child under the age of 12 can be held criminally responsible, the Director of Public Prosecutions, the prosecutor or the attorney representing the child could order the evaluation of the child by “a suitably qualified person to be conducted at the expense of the state”.122 Such an evaluation would have to include an assessment of “the cognitive, emotional, psychological and social development of the child”.123

The absolute limit on the minimum age of criminal responsibility at seven years would remain in force.124

Maximum sentences

Criminal Code

In prohibiting the death penalty for persons under the age of 18 at the time of committing murder, the Criminal Code requires in lieu that child offenders be sentenced to be detained during Her Majesty's pleasure.125

Flogging and whipping also remain lawful penalties for offences committed while under the age of 18.126

Juvenile Justice Act 2012

Under the Juvenile Justice Act, a child could only be sentenced to imprisonment as a last resort for an offence committed while over the age of 12 and only where the court could find “substantial and compelling reasons exist for the imposing of a sentence of imprisonment”.127 However, the Act would set no explicit limit on the term to which a child can be sentenced.128 As the maximum term of imprisonment excluding life imprisonment under the Penal Code is 20 years,129 a sentence of this length is not explicitly prohibited by the Juvenile Justice Act.

The Juvenile Justice Act also foresees the possibility of a different sentence of deprivation of liberty, and children may be sentenced to up to five years “correctional supervision” for offences committed while over the age of 12.130

Number of children serving life imprisonment

No statistics could be located on the length of sentencing of child offenders. A small number of judgments could be found in which child offenders as young as 15 had been sentenced to detention at Her Majesty's pleasure, though the most recent case was in 1997.131

Guatemala

Life imprisonment

Life imprisonment is not a lawful sentence for any offence regardless of age. Imprisonment for an adult cannot exceed 50 years.132

Minimum age of criminal responsibility

The Constitution asserts that a person can be held criminally responsible from the age of 18,133 though children aged 13 to 18 can be detained in institutions.134

Maximum sentences

Children aged 15 to 18 can be detained for up to six years, and minors between the ages of 13 and 15 can be detained for up to two years. Children can only be institutionalised for offences involving violence, “grievous menace” or where the penalty for an adult is longer than six years.135

The maximum duration for community service is six months,136 the maximum term of “assisted liberty” is two years.137 Adolescents who use drugs can be submitted to institutionalisation for up to four months.138 House arrest can be imposed for no longer than one year.139 Free-time limitation can be imposed for up to eight months,140 the same time limit applies to detention during weekends.141

Number of children serving life imprisonment

Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.

Guyana

Life imprisonment

Life imprisonment and detention during the President's pleasure are lawful sentences for offences committed while under the age of 18.

Meaning of life imprisonment

A person serving a life sentence may be released by the responsible minister on the recommendation of the Parole Board after serving the minimum period determined at the time of the sentencing.142 This minimum period to be served is set by regulations produced by the responsible minister but cannot be less than three years.143

Minimum age of criminal responsibility

No person can be held criminally responsible for an offence committed while under the age of 10.144

Maximum sentences

Life imprisonment

Children aged 17 are tried as adults and life imprisonment is a lawful penalty for a number of offences.145

Persons under the age of 17 cannot generally be sentenced to imprisonment.146 However, there is an exception to this rule where such a person is convicted of murder, manslaughter or wounding with intent to cause grievous bodily harm.147 The Criminal Law (Offences) Act prescribes life imprisonment as a sentence for murder and manslaughter,148 so it would seem that younger children can be so sentenced. Sentences under these provisions are governed by the same release conditions as a life sentence.149

Detention at the President's pleasure

Detention during the President's pleasure is a mandatory sentence for persons under 18 where they would otherwise be liable for capital punishment.150

Number of children serving life imprisonment

No statistical information could be found on the number of people sentenced to life imprisonment of detention at the president's pleasure for offences committed while under the age of 18.

Haiti

Life imprisonment

Life imprisonment appears to be a lawful penalty for offences committed while over the age of 16.151

Meaning of life imprisonment

It is not clear how life imprisonment is defined in Haitian law.

Minimum age of criminal responsibility

Persons aged 13 or more can be sentenced to penal measures under the Penal Code.152

Maximum sentences

Children aged 16 or older

The Penal Code, provides for reduced sentencing for people who were under the age of 16 at the time that they committed an offence, but no such mitigation is in place for older children. Life imprisonment is a lawful penalty for a number of offences committed by adults. The State has reported to the UN Committee on the Rights of the Child that life imprisonment is not lawful for child offenders,153 but this assertion does not appear to be born out by the version of the Penal Code that CRIN has obtained.

Children aged 13 to 16

When a person aged 13 to 16 is convicted of an offence that carries life imprisonment under the Penal Code, he or she can be sentenced to a maximum term of eight years in a corrective State Education Centre if the court decides that the circumstances of the case and personality of the accused require a criminal conviction .154

Number of children serving life imprisonment

CRIN has been unable to locate statistical information on the number of people serving sentences of life imprisonment for an offence committed while under the age of 18.

Honduras

Life imprisonment

Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.

Under the Constitution, life imprisonment could only be permitted for offences committed in which “grave, offensive and degrading circumstances occur, which by their impact cause commotion, rejection, indignation and repugnancy in the national community.”155 At the time of writing, however, no offence carried a life sentence.

Minimum age of criminal responsibility

Under the national definition, criminal responsibility begins at 18, though children can be held responsible under the juvenile justice system from the age of 12.156

Maximum sentences

The maximum duration for the detention of “an adolescent”157 is eight years. Ongoing detention must be reassessed every six months and can only be applied where:

  1. the crime was committed with grave violence or menace to others;
  2. the minor is a frequent recurrent in criminality;
  3. the minor has expressly and continuously refused to comply with other measures;
  4. there is reasonable fear of escaping or interfering with the investigation.158

Number of children serving life imprisonment

Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.

Jamaica

Life imprisonment

Life imprisonment is a lawful sentence for offences committed while under the age of 18.

Meaning of life imprisonment

Where a child is sentenced to life imprisonment in lieu of the death penalty, the court may specify a period that the child must serve before becoming eligible for parole.159 A person serving life imprisonment cannot become eligible for parole until he or she has served a minimum of seven years,160 though a longer minimum period must be set for specifically named violent offences.161

Minimum age of criminal responsibility

No child under the age of 12 can be found guilty of an offence.162

Maximum sentences

Life imprisonment

Persons under the age of 18 at the time of committing an offence may not be sentenced to death, but are liable to be imprisoned for life instead.163 Aggravated homicides are the only offences that carry the death penalty for adults.164

Detention at Her Majesty's pleasure

In a series of cases culminating in Mollinson, the Privy Council held that children could be subjected to an indeterminate sentence that would allow for detention that could last for an entire lifetime, but that the detention must be under the supervision of the courts.165 Delivering the judgment on behalf of the court, Lord Bingham indicated that he saw life imprisonment and detention at the court's pleasure to be of a different character.166

Children under the age of 14

A child under the age of 14, who is convicted of murder, manslaughter, treason, infanticide, or any of a number of specifically named offences can be sentenced to a maximum of 25 years' imprisonment.167 Children held under such sentences may be held in a place and under conditions determined by the responsible minister. This provision explicitly permits children to be held in adult correctional centres.168

Number of children serving life imprisonment

In 2013, the Department of Correctional Services indicated that one 17-year-old girl was sentenced for murder, while four teenage boys were sentenced for manslaughter.169 Though CRIN has been unable to locate official documents related to the sentencing, murder carries a mandatory life sentence and manslaughter is punishable with a maximum sentence of life imprisonment. CRIN contacted the Department of Correctional Services to attempt to gain more detailed figures, but at the time of publication had not received any information.

Mexico

Mexico has 31 criminal jurisdictions at the state level in addition to the federal jurisdiction.

Life imprisonment

Life imprisonment is not a lawful sentence under federal law for any offence regardless of age, though adults can be sentenced to a maximum term of 60 years' imprisonment,170 which may amount to life imprisonment in practice. At the state level, Chihuahua,171 Puebla,172 Quintana Roo173 and Veracruz174 permit life imprisonment as a criminal sentence, though the maximum custodial sentence for child offenders is capped at a lower level in all of these states.

Meaning of life imprisonment

“Prisión vitalicia” - the term used in Mexican legislation for life imprisonment – is defined as deprivation of personal freedom throughout the lifetime of the perpetrator”.175 Chihuahua has also begun to hand down sentences that amount to de facto life imprisonment. In 2010, an 18 year-old man was sentenced to 70 years' imprisonment without the possibility of parole.176

Minimum age of criminal responsibility

The Constitution of Mexico requires states to establish a system of justice applicable to children between the ages of 12 and 18. Children under the age of 12 can only be subject to rehabilitation and social assistance.177 The precise formulation of this system varies between the states.

Maximum sentences

The Constitution of Mexico prohibits the “internment” of persons under the age of 14,178 but limits on detention for children above this age vary between the 31 states. All states set a limit on “internment”, which is the most severe form of custodial sentence applicable to child offenders.179

The term internment is used in this section to distinguish this sentence from other forms of deprivation of liberty.

Under the Federal jurisdiction, internment can only be imposed for offences classified as grave and for a maximum term of five years where the sentenced person was aged 14 to 16 at the time of the offence and seven years where he or she was aged 16 to 18 at the time of the offence.180

In Aguascalientes, internment sentences are capped at eight years for persons aged between 14 and 16 and 10 years for those aged between 16 and 18.181

In Baja California, internment sentences are capped at seven years182 and can only be imposed for an offence classified as “grave”.183

In Baja California Sur, internment sentences can only be applied for grave offences and cannot exceed five years.184

In Chihuahua, persons aged 14 to 16 can be sentenced to internment of between six months and 10 years and those aged 16 to 18 can be sentenced to between six months and 15 years.185 These penalties can only be applied for a number of specifically listed offences.186

In Campeche internment can only be applied for grave offences and cannot exceed seven years.187

In Chiapas, internment can only be imposed on child offenders for intentional crimes classified as grave and can extend to a maximum of five years for children aged 14 to 16 and 10 years for those aged 16 to 18.188

In Coahuila internment is a lawful penalty for grave offences committed while aged 14 to 18. The period of detention cannot exceed 15 years.189

In Colima internment for an offence committed while under the age of 18 cannot exceed 10 years.190

In Durango sentences of deprivation of liberty cannot exceed 10 years for child offenders held liable for any action committed while between the ages of 14 and 18.191

In Guanajuato persons aged under 18 can only be subject to internment for grave offences. Children aged 14 to 16 can be sentenced to a maximum term of four years and those aged 16 to 18 for a maximum term of seven years.192

In Guerrero internment may not exceed eight years.193

In Hidalgo a person under the age of 18 can only be sentenced to internment for specifically listed grave offences. Children aged 14 to 16 can be sentenced to a maximum term of five years detention and those aged 16 to 18 can be detained for a maximum term of seven years.194

In Jalisco persons under the age of 18 can only be sentenced to interment for offences classified as grave, and detention is capped at five years where the child is aged 14 to 16 and seven years where the child is aged 16 to 18.195

In the state of México the maximum period of detention in a school of social rehabilitation is capped at three years,196 though it is not clear if other forms of detention may last longer than this.

In Michoacan closed detention can only be applied for a number of specifically listed offences for a maximum term of 10 years.197

In Morelos persons under the age of 18 can only be subject to internment for specifically named offences and detention cannot exceed five years.198

In Nayarit closed detention can only be applied for offences classified as grave and for no longer than the minimum penalty prescribed for adults under the Penal Code.199

In Nuevo Leon, detention is capped at 10 years for the most serious offences.200

In Oaxaca, persons aged 14 to 16 may only be detained for rape, battery, causing injury, homicide, robbery involving physical violence, kidnapping or human trafficking of children. The maximum period of detention is four years.201 A person aged 16 to 18 may be sentenced for a maximum of seven to ten years.202

In Puebla persons under the age of 18 can only be sentenced to internment for offences classified as grave and cannot exceed five years where the child was aged 14 to 16 at the time of the offence and seven years where he or she was aged 16 to 18.203

In Querétaro persons under the age of 18 can be subject to internment for grave offences204 which cannot exceed seven years.205

In Quintana Roo internment can only be applied for grave offences listed in the the Act and cannot exceed eight years for persons aged 14 to 16 and 10 years for those aged 16 to 18.206

In San Luis Potosi persons aged under 18 can only be interned for specifically listed grave offences for a maximum period that cannot exceed the minimum sentence for an adult under the Penal Code.207

In Sinaloa internment can only be applied for specifically listed grave offences and may be applied for no longer than five years where the child was aged 14 to 16 at the time of the offence and seven years where he or she was aged 16 to 18.208

In Sonora, detention measures for persons under the age of 18 can never exceed seven years and internment may only be applied for grave offences.209

In Tabasco child offenders can generally only be subject to internment in a closed institution for grave offences and detention is capped at eight years for persons aged 14 to 16 at the time of the offence and 12 years for persons aged between 16 and 18 at the time of the offence. Such detention may also be imposed where a lesser penal measure has failed.210

In Tamaulipas a person under the age of 18 can be detained in a Centre for the Social and Family Reintegration of Adolescents for a number of specifically listed offences, usually involving violence. Detention cannot exceed eight years for any offence.211

In Tlaxcala internment can only be applied for specifically listed grave offences and cannot exceed five years for a person aged 14 to 16 at the time of the offence and seven years for a person aged 16 to 18 at the time of the offence.212

In Veracruz detention in institutions for juveniles is only permitted for specifically listed offences generally involving violence and cannot exceed seven years for the most serious offences.213

In Yucatán internment of persons for offences committed under the age of 18 is lawful for specifically named grave offences and different maximum penalties are set for each of these offences. The maximum sentence for the most serious of these offences is 15 years.214

In Zacatecas persons under the age of 18 may be sentenced to be held in a specialised detention centre for a number of specifically named offences, though detention cannot exceed five years.215

Number of children serving life imprisonment

Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.

Nicaragua

Life imprisonment

Life imprisonment is not lawful for any offence, regardless of age. The maximum penalty for an adult is 30 years' imprisonment.216

Minimum age of criminal responsibility

Under the definition of criminal responsibility used in national legislation, criminal responsibility begins at 18, though children can be subject to penalties under the juvenile justice system from the age of 13.217

Maximum sentences

Custodial sentences are only lawful for children aged over 15218 and the maximum duration of detention is six years and the sentencing judge must consider all other measures.219

Number of children serving life imprisonment

Life imprisonment is not a lawful sentence for any offence regardless of age.

Panama

Life imprisonment

Life imprisonment is not a lawful penalty for any offence regardless of age. For adults, the maximum term of imprisonment cannot exceed 30 years for a single offence or 35 years for multiple offences.220

Minimum age of criminal responsibility

Children can be subject to penalties for criminal offences from the age of 12.221

Maximum sentences

Felonious homicide carries the highest penalty under Panamanian juvenile justice legislation, with a maximum penalty of nine years, though this can be increased to 12 years if committed under aggravating circumstances.222 Maximum sentences have been increased substantially since the Act on the Criminal Responsibility of Adolescents came into force in 1999, allowing significantly longer periods of detention for child offenders.223 In 1999, the maximum penalty for felonious homicide was five years, but this was increased to seven years in 2003 and 12 years in 2007 if committed with aggravating circumstances.224

Number of children serving life imprisonment

Life imprisonment is not a lawful penalty for any offence regardless of age.

Paraguay

Life imprisonment

Life imprisonment is not a lawful sentence in Paraguay regardless of age. The Penal Code sets a maximum term of imprisonment of 25 years for adult offenders.225

Minimum age of criminal responsibility

Children can be held criminally responsible from the age of 14. An adolescent can only be held responsible if he or she is of sufficient maturity to understand the illegality of his or her actions.226 Younger children can be the subject of protective measures.

Maximum sentences

The maximum duration of the detention of adolescents is eight years.227 The maximum duration for socio-educative measures without the deprivation of liberty is three years.228

Number of children serving life imprisonment

Life imprisonment is not a lawful sentence for any offence in Paraguay, regardless of age.

Peru

Life imprisonment

Life imprisonment is not a lawful sentence for offences committed while under the age of 18, though it remains legal for a small number of offences committed by adults.229

Meaning of life imprisonment

Life imprisonment sentences are reviewed when the sentenced person has served 35 years of imprisonment.230

Minimum age of criminal responsibility

The minimum age of criminal responsibility is formally 18. Where a person under 18 infringes the criminal law, he or she is considered to have committed “an infraction” and can be subjected to socio-educative measures, though these measures include deprivation of liberty.231

If under 14, a person can be subjected to protective measures such as tutoring for the child and parents, participation in an educative programme or placing the child in a foster family or home.232

Maximum sentences

Child offenders cannot be detained for more than three years.233 The maximum duration for community service, assisted liberty and partial institutionalisation is six, eight and 12 months, respectively.234

Number of children serving life imprisonment

Life imprisonment is not a lawful sentence for offences committed while under the age of 18.

Saint Kitts and Nevis

Life imprisonment

Detention during the Governor-General's pleasure is a lawful sentence for crimes committed while under the age of 18.

Meaning of life imprisonment

Detention during the Governor-General's pleasure is an indeterminate sentence that can extend indefinitely, up to an including for the whole life of a sentenced person.235

Minimum age of criminal responsibility

No child under the age of eight can be held guilty of a criminal offence.236

Maximum sentences

Detention during the Governor-General's pleasure

In prohibiting the death penalty for persons convicted of murder committed while under 18, the Offences Against the Person Act prescribes detention during the Governor-General's pleasure.237 The Court of Appeal has since interpreted this as “during the court's pleasure”. Detention is wholly discretionary and must be periodically reviewed, but may lawfully extend to the rest of a person's natural life.238

Number of children serving life imprisonment

CRIN has not been able to locate statistical information on the number of people serving life imprisonment in St Kitts and Nevis for offences committed while under the age of 18. However, speaking to the St Kitts Nevis Observer, police relations officer, inspector Lyndon David reported that children convicted of murder were sentenced to up to lifetime imprisonment, but gave no figures or examples.239

Saint Lucia

Life imprisonment

Life imprisonment is a lawful sentence for offences committed while under the age of 18.

Meaning of life imprisonment

A person serving life imprisonment may be considered for parole after serving no less than 15 years' imprisonment after which the Parole Board may review the case to decide whether to grant parole.240 If an application for parole is refused, an inmate may apply again after six months from the date of the refusal.241

Minimum age of criminal responsibility

No one can be held criminally responsible for actions taken while under the age of 12.242

Maximum sentences

Life imprisonment

Children aged 16 or older are tried as adults and can be sentenced to life imprisonment for a number of offences, including non-capital murder, aiding and abetting murder, attempted murder, rape and sexual intercourse with a person under the age of 12.243

The death penalty is explicitly prohibited for persons under the age of 18, so children sentenced for capital murder must be sentenced to a term of imprisonment “deemed appropriate by the court”.244

Younger children – detention in industrial schools

Children older than 12 but younger than 16 cannot be sentenced to imprisonment but can be remanded in government industrial schools.245

Number of children serving life imprisonment

CRIN has been unable to locate statistical information on the number of people serving life imprisonment for an offence committed while under the age of 18. The UN Committee on the Rights of the Child requested statistical information on children detained in St Lucia during its 2014 review of the State, but received no response on the issue.246

Saint Vincent and the Grenadines

Life imprisonment

Life imprisonment is a lawful sentence for offences committed while under the age of 18.

Meaning of life imprisonment

CRIN has not been able to find information on how life imprisonment is defined in the law of Saint Vincent and the Grenadines. Several commentators have reported that life imprisonment for child offenders may amount to life without parole,247 as there is not release mechanism for such sentences, but CRIN has been unable to verify this in the relevant legislation.

The Governor-General may exercise the prerogative of mercy to pardon a person serving a criminal sentence, to offer respite, substitute a less severe form of punishment or remit the whole or part of the sentence.248 The prerogative of mercy could be used as a release mechanism for people serving life imprisonment, but CRIN has been unable to locate information on whether the prerogative is used this way in practice in life imprisonment cases.

Minimum age of criminal responsibility

Children can be held criminally responsible from the age of eight.249

Maximum sentences

Life imprisonment

Persons over the age of 16 are tried as adults and are liable to life imprisonment for a number of offences. Children under the age of 16 can be sentenced to life imprisonment in lieu of the death penalty.250

Death penalty?

CRIN has been unable to authoritatively confirm whether capital punishment is abolished for child offenders. The prohibition of the death penalty for persons under 16 at the time of the offence, in article 24 of the Criminal Code, was reportedly extended to persons under 18 by Act 27 of 1993.251 In 2001, however, the Government reported that 16 and 17 year-olds could still be executed, leaving the prohibition of capital punishment for older children in doubt.252

Number of children serving life imprisonment

CRIN has been unable to locate statistics on the number of people serving life imprisonment for offences committed while under the age of 18.

Suriname

Life imprisonment

Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.

Minimum age of criminal responsibility

No one can be prosecuted for an offence committed while under the age of 10.253

Maximum sentences

Children aged 16 to 18

The court has discretion as to whether to sentence children aged 16 to 18 as minors or as adults.254 If the court decides to sentence a child in this age group as an adult and the offence carries life imprisonment, then the child cannot be sentenced to imprisonment for more than 15 years.255

Children aged 10 to 16

CRIN has not been able to establish the maximum sentence for children under the age of 16. Punishments can clearly be applied to these children under the Penal Code, but it is not clear what the maximum term of detention would be.256

Number of children serving life imprisonment

Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.

Trinidad and Tobago

Life imprisonment

Detention during the State's pleasure is a lawful sentence for offences committed while under the age of 18 and there is no explicit age limit on the imposition of life imprisonment.

Meaning of life imprisonment

Detention during the State's Pleasure (DSP) is an indeterminate sentence that authorises indefinite detention. Since 2003, the Court has had the authority to review ongoing detention and order release.257

Life imprisonment can include a tariff period indicting the minimum term of imprisonment to be served before a person is considered for conditional release. The normal “starting point” indicating the appropriate tariff period is 12 years, though this can be substantially increased where the offender is particularly culpable or the victim particularly vulnerable. The Courts have also applied sentences of life imprisonment without the possibility of parole,258 though no evidence could be found of such a sentence being applied for an offence committed while under the age of 18.

Minimum age of criminal responsibility

The minimum age of criminal responsibility is not defined by legislation and so is governed by the common law. Children under the age of seven cannot be held criminally responsible for any offence,259 and there is a presumption that children aged 10 to 14 cannot be held criminally responsible, though this presumption can be rebutted where it can be demonstrated “that the child knew that his act was seriously wrong … at the time when he did it”.260

Maximum sentences

Life imprisonment?

There is no explicit prohibition on life imprisonment as a sentence for a child offender, though the compulsory provisions on detention during the State's pleasure and indeterminate sentences for the most serious offences make it unlikely that such a sentence would be applied for an offence committed while under the age of 18.

Detention during the State's pleasure

In prohibiting the death penalty for persons under the age of 18, the Children Act requires the court to sentence any child offender who would otherwise be eligible for the death penalty to be detained “during the State's pleasure”.261 There is no explicit limit on the length of such detention.

Indeterminate detention

Where a child or young person262 is convicted of attempted murder, manslaughter or wounding with intent to do grievous bodily harm and the court is of the opinion that no punishment under the Children Act is sufficient, the Court may sentence the offender “to be detained for such a period as may be specified in the sentence”.263 There is no explicit limit on the length of such detention.

Children Act 2012 – not yet in force

The Children Act 2012 would substantially reform the sentencing provisions affecting children, but as of 27 April 2014, it had not yet entered into force.264 The Act will not enter into force until the President issues a Proclamation on the Act.

If enforced, the Children Act 2012 will introduce reformulated indeterminate sentences for child offenders convicted of attempt to murder, manslaughter or wounding with intent to do grievous bodily harm. For these offences, where the Court is of the opinion that no punishment under the Children Act is appropriate, the Court may order the child “to be placed in a Community Residence for such period as may be specified in the sentence, and on such conditions as the Court may direct.”265 The Court would have the power to release a person serving such a sentence on licence at any point during the sentence, subject to any conditions the Court directs, though the child may be recalled to detention at any time.266

Where a sentence passed on a child offender extends beyond the age of 18, the High Court would have to review the sentence when the person reaches the age of 18 and may order that the rest of the sentence be served in prison.267 There is no explicit limit on the total length of the sentence a child offender may serve.

Number of children serving life imprisonment

Comprehensive statistics on the number of child offenders subject to detention during the State's pleasure were not available, but the Ministry of Justice has published figures that give an indication of the number of children who may be affected. As of 1 February 2013, the Ministry of Justice reported that a quarter of the population of at the Youth Training Centre – 26/27 out of 108 - were detained in relation to murder, an offence which carries a compulsory sentence of detention during the State's pleasure. It is not entirely clear from these statistics whether they include convicted child offenders, those held pre-trial or a combination of both.268

In the States 2004 report to the UN Committee on the Rights of the Child, the State cited statistics indicating that in 1999, two child offenders were convicted of murder and three in 2000.269 These figures were produced by the Police Modus Operandi and Records Bureau, but no more recent statistics on the sentencing of child offenders were available at the time of writing.

United States of America

Life imprisonment

Life imprisonment without parole and life imprisonment are both lawful sentences for offences committed while under the age of 18.

Meaning of life imprisonment

Since 2012, mandatory sentences of life imprisonment without parole have been unconstitutional for persons under the age of 18.270 This does not prevent courts handing down sentences of life imprisonment for child offenders, but requires courts to have discretion as to whether to hand down such sentences. In six states – Illinois, Iowa, Louisiana, Maine, Pennsylvania and South Dakota – and in the Federal system, all life sentences are imposed without the possibility of parole.271

Since the judgment of Miller v. Alabama in 2012, states have been reforming their laws to bring them into conformity with the judgment and follow-up litigation has been filed in many of the States where children are detained under life without parole sentences. Much of the dispute has centred on whether the ban on mandatory LWOP sentences should be applied to those who were sentenced prior to the Miller decision. Courts in Nebraska,272 Texas,273 Illinois274 and Iowa275 have all held that the the ban should be applied to all child offenders serving such sentences.

Courts have also considered the broader implications of the Miller decision, particularly the need to explicitly take account of the youth of a person when deciding whether to apply a life sentence. The Ohio Supreme Court, in particular, has held that a court must explicitly consider a child offender's youth at the time of the offence when deciding whether to apply a life sentence.276

Two years after the Miller decision six States had abolished life without parole sentences for offences committed while under the age of 18 and five had abolished these sentences for certain categories of offences.277

Minimum age of criminal responsibility

The minimum age of criminal liability is set at the federal and state level in the United States. At the state level, 33 states set no minimum age of criminal responsibility, theoretically allowing a child to be sentenced to criminal penalties at any age,278 though in most of these states a capacity related test is applied.

Of the States that do set a minimum age of criminal responsibility, North Carolina has the lowest at seven years, while Wisconsin has the highest at ten years.279

Maximum sentences

Life imprisonment without the possibility of parole

Life imprisonment without the possibility of parole is a lawful sentence for offences committed while under the age of 18 in 38 states.280

The United States Supreme Court recognised the absence of minimum age restrictions on these sentences in the case of Graham v. Florida, when it stated, “[f]or example, under Florida law a child of any age can be prosecuted as an adult for certain crimes and can be sentenced to life without parole. The State Acknowledged at oral argument that even a five-year-old, theoretically, could receive such a sentence under the letter of the law.”281

At the time of writing, life without the possibility of parole was banned in 12 states282

Number of children serving life imprisonment

There are an estimated 7,626 persons in 47 states serving sentences of life imprisonment for offences committed when they were under the age of 18, 2,574 of whom were sentenced to life imprisonment without parole.283 Other sources report slightly different figures. According to the research conducted by the Campaign for the Fair Sentencing of Youth, 2494 people were serving sentences of life imprisonment without the possibility of parole in the United States for offences committed while under the age of 18.284 The Sentencing Project estimated that the figure exceeded 2,500 in April 2014.285

Two-thirds of those sentenced to juvenile life without parole are detained in five states: Pennsylvania, Michigan, Florida, California and Louisiana. In January 2013, California enacted a bill which will allow the 293 children sentenced to JLWOP in the State to be resentenced.286

Uruguay

Life imprisonment

Life imprisonment is not a lawful sentence regardless of age. The maximum term an adult can serve is 30 years' imprisonment.287

Minimum age of criminal responsibility

No one under the age of 18 can be held criminally responsible under the definition adopted by Uruguayan legislation,288 though children can be subjected to socio-educative measures from the age of 13, including institutionalisation.289

Maximum sentences

A child may be held in an institution for up to five years,290 but in passing the sentence, the judge must explain why other measures are not adequate of sufficient.”291

Number of children serving life imprisonment

Life imprisonment is not a lawful sentence for any offence regardless of the age of the offender.

Venezuela

Life imprisonment

The Constitution explicitly prohibits perpetual penalties and deprivation of liberty for more than 30 years.292

Minimum age of criminal responsibility

People can be subject to penalties including deprivation of liberty from the age of 12.293

Maximum sentences

A child aged 14 or older can be sentenced to deprivation of liberty for between one and five years, though the sentence cannot exceed that which would be applied to an adult. Children under the age of 14 can be sentenced to deprivation of liberty for between six months and two years.294

During its 2014 review of Venezuela, the UN Committee on the Rights of the Child raised concerns that proposed reforms to the Law on the Protection of Children and Adolescents would raise the maximum term of deprivation of liberty from 5 years to 10 years.295

Number of children in detention

Life imprisonment is not a lawful sentence for any offence regardless of age.

References

1See The Queen v. Welsh, Criminal Case No. 15 of 1994 of Antigua and Barbuda, Judgment on Re-sentencing, 14 December 2011 at paragraph 39

2Id. at paragraphs 39 and 31

3The Queen v. Queshia Gieger, Criminal Court Case No. 16 of 2007 of Antigua and Barbuda

4Id. citing Desmond Baptiste v. The Queen et al, Criminal Appeals No. 8 of 2003 of Saint Vincent and the Grenadines.

5Id.

6University of San Francisco Law School, The Centre for Law and Global Justice (http://www.usfca.edu/law/jlwop/other_nations/)

7Juvenile Act, Sections 2 and 3. Available at: http://www.laws.gov.ag/acts/chapters/cap-229.pdf. See also Cipriani, D. (2009), Children’s Rights and the Minimum Age of Criminal Responsibility: A Global Perspective, Farnham: Ashgate Publishing Limited

8Treason Act, Section 8.

9Initial report of Antigua and Barbuda to the UN Committee on the Rights of the Child, CRC/C/28/Add.22, 9 December 2003, para. 89.

10Initial report of Antigua and Barbuda to the UN Committee on the Rights of the Child, CRC/C/28/Add.22, 9 December 2003, para. 88.

11 Article 3; see also Initial report of Antigua and Barbuda to the UN Committee on the Rights of the Child, CRC/C/28/Add.22, 9 December 2003, para. 286

12 Article 12

13 Articles 101 and 103

14Criminal Case Nos. 29 and 30 of 2010 of Antigua and Barbuda

15 Causa N° 14.087–Sala II–C.F.C.P “Mendoza, César Alberto y otros s/ recurso de revisión”. Summary and link to full judgment available at: www.crin.org/node/39316.

16Id.

17Ley 22.278, Regimen Penal de la Minoridad, Article 1. Available at: http://www.portaldeabogados.com.ar/portal/index.php/leyes/54-leyesnacion/214-22278-penal-minoridad.html.

18Ley 22.278, Regimen Penal de la Minoridad, Articles 1 and 2.

19See Inter-American Commission on Human Rights, Report No. 26/08, Petition 270-02, 14 Marh 2008. Available at: http://cidh.org/annualrep/2008eng/Argentina270.02eng.htm.

20Bowen and Davis v. The Queen [2006] Privy Council No. 44 of 2005.

21Penal Code (Amendment) Act, art. 291, Act No. 34 of 2011,. See also Bahamas Post, “Prime Minister on the Bahamas Government's 2011 Anti-Crime Legislation”, 5 October 2011. Available at:

23Penal Code, Section 91(2).

24Penal Code, Sections 292, 293, 294, 394 and 425.

25Bahamas Penal Code, Section 291.

26See, for example, The Bahama Journal, “Teen suspect known to police 0 arraigned for 2012 GB murder”. 17 October 2013. Available at: http://jonesbahamas.com/teen-suspect-known-to-police-arraigned-for-2012-gb-murder/. The Bahama Journal, “Teen charged with murder” 10 October 2012. Available at: http://jonesbahamas.com/teen-charged-with-murder-2/.

27See the Nassau Guardian, “Bahamas murder rate third in region” 15 January 2014. Available at: http://www.thenassauguardian.com/news/44468-bahamas-murder-rate-third-in-region.

28Jamaica Observer,”Barbados seeking to remove mandatory death sentence for murder” 25 March 2014. Available at: http://www.jamaicaobserver.com/news/Barbados-seeking-to-remove-mandatory-death-sentence-for-murder.

29Constitution of Barbados, Section 78(1). Available at: https://www.constituteproject.org/constitution/Barbados_2007.pdf.

30Juvenile Offenders Act, sections 7 to 9.

31Offences Against the Person Act, Section 30

32See Carter v. Attorney-General of Barbados, [2003] Case no. 1982 of 2003. Available at: http://www.lawcourts.gov.bb/lawlibrary/events.asp?id=720.

34Juvenile Offenders Act, Section 13(1).

35Juvenile Offenders Act, Section 14 and Griffith and ors. v. The Queen [2005] 2 AC 235, [2004] UKPC 58. Summary and full judgment available at: https://www.crin.org/node/41297. 

36See Scantlebury v. the Queen [2005] Criminal Appeal No. 34 of 2002, Available at: http://www.lawcourts.gov.bb/lawlibrary/events.asp?id=508.

37Bowen and Jones v. Belize, Claim No. 214 of 2007. Summary and link to full judgment available at: http://www.crin.org/node/7040.

38Bowen and Jones v. Belize, Claim No. 214 of 2007, paragraph 134.

39Second periodic report of Belize to the UN Committee on the Rights of the Child, CRC/C?65/Add.29, 13 July 2004, para. 85

40Criminal Code, Section 25(1). Available at: http://www.oas.org/juridico/mla/en/blz/en_blz-int-text-cc.pdf.

41Criminal Code, Section 25(2).

43Second periodic report of Belize to the UN Committee on the Rights of the Child, CRC/C?65/Add.29, 13 July 2004, paragraph 85

44See Melendez, [1994] 3 BZ LR 289, Cr. App. No. 9 of 1996. Available at: http://www.belizejudiciary.org/web/judgements/jan_2003/9_of_1994.html.

45Indictable Procedure Act, Section 146(2) as amended by Act No. 6 of 1994.

46Bowen and Jones v. Belize, Claim No. 214 of 2007, paras. 132 and 133.

47Penal Code, Article 27.1.

48Penal Code, Article 5.

49Childhood and Adolescence Code, Articles 222 and 223. Available at: http://www.unicef.org/bolivia/bo_legislation_codigotexto.pdf.

50Childhood and Adolescents Code, Article 251.

51Childhood and Adolescence Code, Articles 243, 244, 247 and 248 respectively.

52Childhood and Adolescence Code, Article 246.

53Constitution of Brazil, Article 5, XLVII(b). Available at: https://www.constituteproject.org/constitution/Brazil_2005.pdf.

54Federal Constitution, Article 60, Paragraph 4.IV.

56 Constitution of Brazil, Article 288; Child and Adolescent Code, Article 103. Available at: http://www.planalto.gov.br/ccivil_03/leis/l8069.htm.

57Child and Adolescent Code, Article 112.

58Child and Adolescent Code, Articles 104 and 101.

59See Cipriani, Children's rights and the minimum age of criminal responsibility: A global perspective, Ashgate, 2009, pp. 94-97 and 192.

60Child and Adolescent Code, Article 121.

61Child and Adolescent Code, Article 117.

62Criminal Code, Section 745.

63See Criminal Code, Section 745.6 for full details of the limitations of this process. Available at: http://laws-lois.justice.gc.ca/eng/acts/C-46/FullText.html.

64Criminal Code, Section 745.1.

65Criminal Code, Section 13.

66Youth Criminal Justice Act, Sections 2(1) and 14(1). Available at: http://laws-lois.justice.gc.ca/eng/acts/Y-1.5/.

67See Youth Criminal Justice Act, Sections 41 and 42.

68Youth Criminal Justice Act, Section 42(2).

70CTV News, “Young man who killed B.C. teen Laura Szendrai sentenced to life as an adult” 18 October 2014. Available at: http://www.ctvnews.ca/canada/young-man-who-killed-b-c-teen-laura-szendrei-sentenced-to-life-as-adult-1.1502462. We have been unable to locate the official judgment to verify these details.

72CBC News, “Teen killer CK, now 31, wins day parole” 31 July 2014. Available at: http://www.cbc.ca/news/canada/saskatchewan/teen-killer-catherine-mckenzie-now-31-wins-day-parole-1.2724457.

73Penal Code, Article 32.

74Law 20.084 on the responsibilities of adolescents for criminal conduct, Article 3. Available at: http://www.leychile.cl/Navegar?idNorma=244803.

75Law 20.084 on the responsibilities of adolescents for criminal conduct, Article 18.

76Law 20.084 on the responsibilities of adolescents for criminal conduct, Article 23.

77Law 20.084 on the responsibilities of adolescents for criminal conduct, Article 11.

78Law 20.084 on the responsibilities of adolescents for criminal conduct, Article 13.

79Penal Code, Article 31. Available at: http://www.wipo.int/wipolex/en/text.jsp?file_id=190483.

80Childhood and Adolescence Code, Articles 139 and 159. Available at: https://www.unifr.ch/ddp1/derechopenal/legislacion/l_20101107_01.pdf.

81Childhood and Adolescence Code, Article 187.

82Childhood and Adolescence Code, Article 184.

83Childhood and Adolescence Code, Articles 183 and 185.

84Constitution of Costa Rica, Article 40. Available at: https://www.constituteproject.org/constitution/Costa_Rica_2011.pdf.

85Penal Code, Article 76. Available at: http://www.wipo.int/wipolex/en/text.jsp?file_id=222454.

86Penal Code, Article 17.

87Juvenile Penal Justice Law, Articles 1 and 6.

88Juvenile Penal Justice Law, Article 131.

89Juvenile Penal Justice Law, Article 140.

90Juvenile Penal Justice Law, Article 126.

91Juvenile Penal Justice Law, Article 125.

92Penal Code, Articles 30.3 and 58.

93Penal Code, Article 16.

94See Cipriani, D. Children's Rights and the Minimum Age of Criminal Responsibility: A Global Perspective, Ashgate 2009, at p. 195, fn. 30.

95Penal Code, Article17.

96Penal Code, Article 30.1 and 2. (note: life imprisonment was introduced by the 1999 amendments to the Penal Code).

97Constitution of Dominica, Section 73. Available at: https://www.constituteproject.org/constitution/Dominica_1984.pdf.

98Children and Young Persons Act, Section 3. Available at: http://www.dominica.gov.dm/laws/chapters/chap37-50.pdf.

99 Initial report of Dominica to the UN Committee on the Rights of the Child, CRC/C/8/Add.48, 15 October 2003, paragraph 161

100 Article 90; Initial report of Dominica to the UN Committee on the Rights of the Child, CRC/C/8/Add.48, 15 October 2003, para. 161

101UN Committee on the Rights of the Child, List of issues: Dominica, CRC/C/DMA/1, 13 April 2004; Written replies by the Government of Dominica concerning the list of issues, CRC/C/RESP/55, 13 April 2004.

102Penal Code, Article 34.

104Law 126/03, the Code for the System of Protection and Fundamental Rights of Children and Adolescents, Articles 339 and 340.

105Law 126/03, the Code for the System of Protection and Fundamental Rights of Children and Adolescents, Article 336.

106Law 126/03, the Code for the System of Protection and Fundamental Rights of Children and Adolescents, Article 335.

107Penal Code, Article 53.

108Penal Code, Article 40.

109Childhood and Adolescence Code, Article 305. Available at: http://www.oei.es/quipu/ecuador/Cod_ninez.pdf.

110Childhood and Adolescence Code, Article 370.3.

111Constitution of El Salvador, Article 27. Available in English at: https://www.constituteproject.org/constitution/El_Salvador_2003.pdf.

112Penal Code, Article 45.1.

113Juvenile Penal Law, Article 2.

114Juvenile Penal Law, Article 15.

115Juvenile Penal law, Article 17.

116Juvenile Justice Act 2012, Section 64(1). Available at: http://www.gov.gd/egov/docs/legislations/Juvenile-Justice-Act.pdf.

117Criminal Code, Section 230.

118Prison Rules, Section 3. Available at: http://laws.gov.gd/.

119Criminal Code, Section 50(1). Available at: http://www.wipo.int/wipolex/en/text.jsp?file_id=253233.

120Juvenile Justice Act 2012, Section 5.

121Juvenile Justice Act 2012, Section 46(1).

122Juvenile Justice Act 2012, Section 46(2).

123Juvenile Justice Act 2012, Section 46(4).

124Criminal Code, Section 50(1). Available at: http://www.wipo.int/wipolex/en/text.jsp?file_id=253233.

125Criminal Code, Section 230.

126See Global Initiative to End All Corporal Punishment of Children, Corporal punishment of children in Grenada, April 2014. Available at: http://www.endcorporalpunishment.org/pages/pdfs/states-reports/Grenada.pdf.

127Juvenile Justice Act 2012, Section 61(1)(a) and (b).

128Juvenile Justice Act 2012, Section 61(4).

129Criminal Code.

130Juvenile Justice Act 2012, Section 58(1).

131Gay v. the Queen [1997] Criminal Appeal No. 8 of 1997. Available at: http://www.worldcourts.com/ecsc/eng/decisions/1998.01.12_Gay_v_Queen.pdf. Note, this judgment is a successful appeal against the applicant's conviction for murder, on the basis that the conviction was unsound. It is not clear what sentence, if any, the applicant served afterwards.

132Penal Code, Article 69.1. Available at: http://www.oas.org/dil/esp/Codigo_Penal_Guatemala.pdf.

134Childhood and Adolescence Integral Protection Law, Article 2.

135Childhood and Adolescence Integral Protection Law, Article 252.

136Childhood and Adolescence Integral Protection Law, Article 243.

137Childhood and Adolescence Integral Protection Law, Article 242.

138Childhood and Adolescence Integral Protection Law, Article 247.

139Childhood and Adolescence Integral Protection Law, Article 249.

140Childhood and Adolescence Integral Protection Law, Article 250.

141Childhood and Adolescence Integral Protection Law, Article 251.

142Parole Act, Section 6(1). Available at: http://www.guyaneselawyer.com/lawsofguyana/Laws/cap1108.pdf.

143Parole Act, Section 6(6).

144Juvenile Offenders Act, Section 3.

145See Criminal Law (Offences) Act.

146Juvenile Offenders Act, Cap. 10:03, Sections 13 to 14.

147Juvenile Offenders Act, Section 15.

148Criminal Law (Offences) Act, Sections 104 and 95.

149See Parole Act, Section 6.

150Criminal Law (Procedure) Act, Cap. 10:01, Section 164. Available at: http://www.oas.org/juridico/spanish/mesicic2_guy_criminal_proc_act.pdf.

151The quality of legal information freely available on Haiti is extremely poor, it is possible that the relevant legislation has been amended in line with the report of the State to the UNCRC (see fn. 609) but CRIN found no evidence of such an amendment.

152Penal Code, Articles 50 and 51.

153Combined second and third periodic reports of Haiti to the UN Committee on the Rights of the Child, CRC/C/HAI/2-3, para. 276.

154Penal Code, Article 51.

155Constitution of Honduras, Article 97. Available at: https://www.constituteproject.org/constitution/Honduras_2012.pdf.

156Childhood and Adolescence Code, Article 180.

157An adolescent is defined as a male aged over 12 but younger than 18 and a female over the age of 14 but younger than 18. See Childhood and Adolescence Code, Article 1.

158Childhood and Adolescence Code, Article 198.

159Child Care and Protection Act, Section 78(3). Available at: http://moj.gov.jm/laws/child-care-and-protection-act.

160Parole Act, Section 6(3).

161Parole Act, Section 6(4A), (5) and (6)

162Child Care and Protection Act, Section 63.

163Child Care and Protection Act, Section 78(1)

164Jamaica Offences Against the Person Act, arts. 2(1)(a-f), 3(1)(a), 3(1A), 2005. Available at: http://moj.gov.jm/sites/default/files/laws/Offences%20Against%20the%20Person%20Act_0.pdf.

165See Director of Public Prosecutions of Jamaica v. Mollinson [2003] Privy Council AC 411.

166Director of Public Prosecutions of Jamaica v. Mollinson [2003] Privy Council AC 411, paragraphs 20 and 21. Available at: http://www.internationaljusticeproject.org/pdfs/mollison.pdf/.

167Child Care and Protection Act, Section 78(5) and Schedule 4.

168Child Care and protection Act, Section 78(5).

169Jamaica Gleaner, “Five juveniles convicted of murder or manslaughter last year – correctional services” 23 May 2014. Available at: http://jamaica-gleaner.com/latest/article.php?id=53056.

170Federal Penal Code, Article 25.

171Chihuahua Penal Code, Article 32. Available at: http://www.congresochihuahua.gob.mx/biblioteca/codigos/.

173Quintana Roo Penal Code, Article 22.

174Veracruz Penal Code, Article 48.

175See, e.g. Chihuahua Penal Code, Article 32.

176Latin American Herald Tribune, “Mexican judge hands down country's first life sentence”. Available at: http://laht.com/article.asp?ArticleId=382132&CategoryId=14091. Also see María del Pilar Espinosa Torres, “La cadena perpetua. Una pena sin sentido. La Prisión vitalicia en Veracruz”. Available at: http://www.letrasjuridicas.com/Volumenes/26/A4.pdf.

177Constitution of Mexico, Article 18. Available in English at: https://www.constituteproject.org/constitution/Mexico_2007.pdf.

178Constitution of Mexico, Article 18.

179Most of the relevant state and federal legislation on sentencing explicitly identifies internment as the most serious form of deprivation of liberty for child offenders. See for example, Ley Federal de Justicia para Adolescentes, Article 121. Available at: http://www.diputados.gob.mx/LeyesBiblio/pdf/LFJA.pdf.

180Ley Federal de Justicia para Adolescentes, Article 121. Grave offences are listed under Article 113.

181Decreto Numero 208, Ley del Sistema de Justicia para Adolescentese del Estado de Aguascalientes, Article 178. Available at: http://www.culturadelalegalidad.org.mx/recursos/Contenidos/Leyes/documentos/Ley%20de%20los%20adolescentes%20en%20Aguascalientes.pdf.

182Ley de Justicia Para Adolescented del Estado de Baja California, Article 160. Available at: http://docs.mexico.justia.com/estatales/baja-california/ley-de-justicia-para-adolescentes-del-estado-de-baja-california.pdf.

183Grave offences are listed under Article 159 of the Ley de Justicia Para Adolescentes del Estado de Baja California.

184Ley de Justicia Para Adolescentes Para El Estado de Baja California Sur, Article 79. Available at: http://docs.mexico.justia.com.s3.amazonaws.com/estatales/baja-california-sur/ley-de-justicia-para-adolescentes-para-el-estado-de-baja-california-sur.pdf. Grave offences are listed under Article 120.

185Ley de Justicia Especial para Adolescentes Infractores del Estado de Chihuahua, Article 102. Available at: http://www.ordenjuridico.gob.mx/Documentos/Estatal/Chihuahua/wo22546.pdf.

186Offences include are listed under Article 101 of Ley de Justicia Especial para Adolescentes Infractores del Estado de Chihuahua. At the time of writing the list consisted of intentional homicide, intentionally causing injury, kidnapping, abduction, rape, theft, trafficking in persons, torture, enforced disappearance, child traffickingextortion, conduct under Article 212 of the Penal Code, disobedience under Article 278 of the Penal Code and crimes against health.

187Ley de Justicia Para Adolescentes Del Estado de Campeche, Article 160. Grave offences are listed under Article 159. Available at: http://docs.mexico.justia.com.s3.amazonaws.com/estatales/campeche/ley-de-justicia-para-adolescentes-del-estado-de-campeche.pdf.

188Ley Que Establece el Sistema Integral de Justicia Para Adolescentes en El Estado de Chiapas, Articles 127 and 128. Available at: http://www.sspc.chiapas.gob.mx/documentos/ley_que_establece-el-sistema-integral-de-justicia-para-adolescentes-en-el-estado-de-chiapas.pdf.

189Ley de Justicia Para Adolescentes del Estado de Coahuila de Zaragosa, Article 172.

190Decreto No. 410, Ley Que Establece el Sistema Integral de Justicia Para Adolescentes del Estado de Colima, Article 129. Available at: http://docs.mexico.justia.com/estatales/colima/ley-que-establece-el-sistema-integral-de-justicia-para-adolescentes-del-estado-de-colima.pdf.

191Código de Jsuticia para Menores Infractores en el Estado de Durango, Article 259. Available at: http://congresodurango.gob.mx/Leyes/CODIGO_DE_JUSTICIA_PARA_MENORES_INFRACTORES_EN_EL_ESTADO_DE_DURANGO.pdf.

192Ley de Justicia Para Adolescentes del Estado de Guanajuato, Article 114. Grave offences are listed in Aritcle 26A. Available at: http://portal.pgjguanajuato.gob.mx/WebPGJEG/pdf/ley-justicia-adolescentes.pdf.

193Ley Número 762 de Justicia Para Adolescentes del Estado Libre Y Soberano de Guerrero, Article 210. Available at: http://i.guerrero.gob.mx/uploads/2011/09/L762JUSTADOLESEDO5.pdf.

194Decreto Numero 204, Ley Justicia Para Adolescentes del Estado de Hidalgo, Article 136. Grave offences are listed in Article 60 bis. Available at: http://info.jalisco.gob.mx/sites/default/files/leyes/Ley_de_Justicia_Integral_para_Adolescentes.pdf. at:http://docs.mexico.justia.com.s3.amazonaws.com/estatales/hidalgo/ley-de-justicia-para-adolescentes-del-estado-de-hidalgo.pdf.

195Ley de Justicia Integral para Adolescentes del Estado de Jalisco, Article 110. Grave offences are listed in Article 26. Available at: http://info.jalisco.gob.mx/sites/default/files/leyes/Ley_de_Justicia_Integral_para_Adolescentes.pdf.

196Ley de Justicia para Adolescentes del Estado de México, Article 219. Available at: http://docs.mexico.justia.com.s3.amazonaws.com/estatales/mexico/ley-de-justicia-para-adolescentes-del-estado-de-mexico.pdf.

197Ley de Justicia Integral para Adolescentes del Estado de Michoacán de Ocampo, Article 27. Specifically listed offences are contained in Article 28. Available at: http://www.culturadelalegalidad.org.mx/recursos/Contenidos/Leyes/documentos/Ley%20de%20los%20adolescentes%20de%20Michoacan.pdf

198Ley de Justicia para Adolescentes del Estado de Morelos, Article 109. Available at: http://www.ordenjuridico.gob.mx/Publicaciones/CDs2009/CDJudicial/pdf/3%20LMOR.pdf.

199Ley de Justicia para Adolescentes del Estado de Nayarit, Article 156. Available at: http://docs.mexico.justia.com.s3.amazonaws.com/estatales/nayarit/ley-de-justicia-para-adolescentes-del-estado-de-nayarit.pdf.

200Ley del Sistema Especial de Justicia Para Adolescentes del Estado de Nuevo Leon. Article 138. Available at: http://info4.juridicas.unam.mx/adprojus/leg/20/834/.

201Ley de Justicia Para Adolescentes, Art. 93(I).

202Ley de Justicia Para Adolescentes, Art. 93(III).

203Código de Justicia para Adolescentes del Estado Libre y Soberano de Puebla. Article 162. Grave offences are listed in the same Article.

204Ley para la Impartición de Justicia para Adolescentes del Estado de Querétaro, Article 112.

205Ley para la Impartición de Justicia para Adolescentes del Estado de Querétaro, Article 106.

206Ley de Justicia para Adolescentes del Estado de Quintana Roo, Article 206. Available at: http://docs.mexico.justia.com/estatales/quintana-roo/ley-de-justicia-para-adolecentes-del-estado-de-quintana-roo-nueva.pdf.

208Ley de Justicia para Adolescentes del Estado de Sinaloa, Article 136. Grave offences are listed in Article 128. Available at: http://docs.mexico.justia.com.s3.amazonaws.com/estatales/sinaloa/ley-de-justicia-para-adolescentes-del-estado-de-sinaloa.pdf.

209Ley Numero 252 Que Establece el Sistema Integral de Justicia para Adolescentes del Estado de Sonora, Articles 38 and 129. Available at: http://www.stjsonora.gob.mx/acceso_informacion/marco_normativo/Ley%20justicia%20para%20adolescentes.pdf.

210Ley de Justicia para Adolescentes del Estado de Tabasco, Articles 203 and 204. Available at: http://tempo.congresotabasco.gob.mx/documentos/2013/LXI/OFICIALIA/Ley%20de%20Justicia%20para%20Adolescentes%20del%20Estado%20de%20Tabasco.pdf.

211Ley de Justicia para Adolescentes del Estad, Article 141. Available at: http://www.congresotamaulipas.gob.mx/congresotamaulipas/archivos/leyes/Ley_55.pdf.

212Ley de Procuración Impartición de Justicia para Adolescentes del Estado de Tlaxcala, Article 137. Available at: http://docs.mexico.justia.com.s3.amazonaws.com/estatales/tlaxcala/ley-de-procuracion-e-imparticion-de-justicia-para-adolescentes-del-estado-de-tlaxcala.pdf.

213Ley de Responsabilidad Juvenil para el Estado de Veracruz de Ignacio de la Llave, Article 137. Available at: http://docs.mexico.justia.com.s3.amazonaws.com/estatales/veracruz/ley-de-responsabilidad-juvenil-para-el-estado-de-veracruz-de-ignacio-de-la-llave.pdf.

214Ley de Justicia para Adolescentes de Estado de Yucatán, Articles 191 and 468. Available at: http://www.tsjyuc.gob.mx/publicaciones/micrositio/pdf/libros/Ley_Adolescentes.pdf.

215Ley de Justicia para Adolescentes en el Estado de Zacatecas, Article 151. Available at: http://docs.mexico.justia.com/estatales/zacatecas/ley-de-justicia-para-adolescentes-en-el-estado-de-zacatecas.pdf.

216Penal Code, Article 89.

217Childhood and Adolescence Code, Article 95. Available at: http://www.unicef.org/lac/CODIGO_DE_LA_NInEZ_ESPAnOL.PDF.

218Childhood and Adolescence Code, Article 95.

219Childhood and Adolescence Code, Article 206.

220Penal Code, Article 52. Available at: http://www.wipo.int/wipolex/en/text.jsp?file_id=189272.

221Ley No. 40 del Regimen Especial de Responsabilidad Penal para la Adolescencia, Articles 7 and 8. (as amended by Ley No. 6 de 2010, Articles 2 and 4.)

222Law No. 40 of 1999, Article 141. Note, maximum periods of incarceration have substantially increased since this Law was enacted.

223Act No. 40 of 1999 (as amended by Acts No. 46 of 2003 and 15 of 2007). See Combined third and fourth periodic report of Paraguay to the UN Committee on the Rights of the Child, CRC/C/OAN/3-4, 27 January 2011, para. 578 for a comparative table of the relevant reforms.

224See Combined third and fourth periodic report of Paraguay to the UN Committee on the Rights of the Child, CRC/C/OAN/3-4, 27 January 2011, para. 578 for a comparative table of the relevant reforms.

225Penal Code, Article 38

226Childhood and Adolescence Code, Article 194.

227Childhood and Adolescence Code, Article 207.

228Childhood and Adolescence Code, Article 201.

229Penal Code, Articles 173, 173A, 188, 200, 279B, 296B, 296C, 297. Available at: https://www.unifr.ch/ddp1/derechopenal/legislacion/l_20080616_75.pdf

231Penal Code, Article 20.2.

232Childhood and Adolescence Code, Article 242.

233Childhood and Adolescence Code, Article 235.

234Childhood and Adolescence Code, Article 232.

235See Greene Browne v. the Queen [1998] Privy Council Appeal No. 3 of 1998. Available at: http://www.eccourts.org/judgments/privy_councel/1999/GreeneBrowne_v_Queen.pdf.

236Juvenile Act, Section 3. as per Initial report of Saint Kitts and Nevis to the UN Committee on the Rights of the Child, CRC/C/3/Add.51, 5 May 1997.

237Section 3(1).

238Greene Browne v. the Queen [1998] Privy Council Appeal No. 3 of 1998.

239St Kitts and Nevis Observer, “Nevis grapples with increasing juvenile criminality, 15 March 2013. Available at: http://www.thestkittsnevisobserver.com/2013/03/15/juvenile-criminality.html.

240Criminal Code, Section 1140.(4) Available at: http://www.rslpf.com/site/criminal%20code%202004.pdf.

241Criminal Code, Section 1149(1).

242Children and Young Persons Act, Section 3.

243Criminal Code, Sections 87, 65, 88, 123, 126.

244Criminal Code, Sections 86(9) and (10).

245Children and Young Persons Act 1972, Section 9.

246See UN Committee on the Rights of the Child, List of issues in relation to the combined second to fourth periodic reports of Saint Lucia, CRC.C.LCA.Q.2-4, 25 November 2013.

247See Human Rights Watch, The Reset of Their Lives: Life Without Parole for Child Offenders in the United States, 2005. Available at: http://www.hrw.org/print/reports/2005/10/11/rest-their-lives. De La Vega, C. and Leighton, M, Sentencing Our Children to Die in Prison: Global Law and Practice, 11 August 2008. Available at: http://www.usfca.edu/law/jlwop/other_nations/ University of San Francisc School of Law, Center for Law and Global Justice. Cruel and Unusual Punishment: US Sentencing Practices in a Global Context, May 2012, p. 61.

248Constitution of St Vincent and the Grenadines, Section 65. Available at: https://www.constituteproject.org/constitution/St_Vincent_and_the_Grenadines_1979.pdf.

249Juveniles Act, Section 3 and Criminal Code, Section 12.

250Initial report of Saint Vincent and the Grenadines to the UN Committee on the Rights of the Child, CRC/C/28/Add.18, 10 October 2001, para. 128

251 Human Rights Association (2002), NGO Initial Report on Saint Vincent and the Grenadines submitted to the United National Committee on the Rights of the Child, p. 6.

252Initial report of Saint Vincent and the Grenadines to the UN Committee on the Rights of the Child, CRC/C/28/Add.18, 10 October 2001, paras. 128 and 373; see also List of issues prepared in the absence of the second periodic report of Saint Vincent and the Grenadines due on 31 October 1991, Q5, CCPR/C/VCT/Q/3, 6 December 2005.

254Penal Code, Article 58.

255Penal Code, Article 59.

256See Penal Code, Article 56.

257See Chuck Attin v. Attorney General of Trinidad and Tobago (unreported) HCR No. 2175 of 2003. Summary of the case available in Ian Seepersad and Roodal Panchoo v. the Attorney General of Trinidad and Tobago [2012] UKPC 4, para. 8. Available at: http://jcpc.uk/decided-cases/docs/JCPC_2010_0017_Judgment.pdf.

258See The State v. Nicholas, Tan and Lewis [2007] CR.S. No. 26/06 and No. 109 of 2007, including at p. 50 for an explanation of starting points in national law. Available at: http://webopac.ttlawcourts.org/LibraryJud/Judgments/HC/mondesir/2006/cv_06_26DD14dec2012.pdf.

259Second periodic report of Trinidad and Tobago to the UN Committee on the Rights of the Child, CRC/C/83/Add.12, 15 November 2004, para 248.

260See C. (A Minor) v. DPP [1996] 1 AC 1, H.L.

261Children Act, Chap. 46:01, Section 79. Available at: http://www.oas.org/juridico/PDFs/cyb_tto_children.pdf.

262A child is defined as a person under the age of 14 and a young person is defined as a person aged 14 to 16.

263Children Act, Chap. 46:01, Section 80.

264Guardian Media, “No laws against corporal punishment in T and T” 27 April 2014. Available at: http://www.guardian.co.tt/news/2014-04-27/no-laws-against-corporal-punishment-tt.

265Children Act 2012, Section 76(1). Available at: http://www.ttparliament.org/legislations/a2012-12.pdf.

266Children Act 2012, Section 77.

267Section 59(4)(a).

268Ministry of Justice of Trinidad and Tobago, Youth Justice. Available at: http://www.justice.gov.tt/keep-informed/policy-initiatives/youth-justice/.

269Second periodic report of Trinidad and Tobago to the UN Committee on the Rights of the Child, CRC/C/83/Add.12, 15 November 2004, p. 343.

270Miller v. Alabama, USSC No. 10-9646. Available at: http://www.supremecourt.gov/opinions/11pdf/10-9646g2i8.pdf.

271Nellis, A, Throwing Away the Key: The Expansion of Life Without Parole Sentences in the United States, Federal Sentencing Reporter, Vol. 23, No. 1, October 2010. Available at: http://www.sentencingproject.org/doc/publications/inc_federalsentencingreporter.pdf.

276See State v. Long [2014] Slip Opinion No. 2014-Ohio-894. Available at: http://fairsentencingofyouth.org/wp-content/uploads/2014/03/State-v.-Long-Ohio.pdf.

277See Campaign for Fair Sentencing of Youth for an overview of developments as of 25 June 2014. Available at: http://fairsentencingofyouth.org/2014/06/25/two-years-since-miller-v-alabama/.

278Cipriani,D. Children's Rights and the Minimum Age of Criminal Responsibility: A Global Perspective, Ashgate 2009, p. 221 and 222.

279For full references of state laws see Cipriani D., Children's rights and the minimum age of criminal responsibility: A global perspective, Ashgate 2009, p. 219 and 220.

280See Campaign for Fair Sentencing of Youth for up to date tracking of the legality of LWOP sentences for child offenders. Available at: http://fairsentencingofyouth.org/.

281Graham v. Florida, 130 USSC 2011, 2026 [2010].

282Alaska, Texas, Oregon, Montana, Wyoming, Colorado, New Mexico, Kansas, Kentucky, West Virginia, Delaware and Vermont.

283This figure was determined using a combination of the data provided in The Sentencing Project’s report No Exit: The Expanding Use of Life Sentences in America (available at http://www.sentencingproject.org/detail/publication.cfm?publication_id=280&id=106) and State Distribution of Estimated 2,574 Juvenile Offenders Serving Juvenile Life Without Parole, an update to Human Rights Watch and Amnesty International's joint report The Rest of Their Lives: Life without Parole for Child Offenders in the United State, first published in 2005 (Updated table available at http://www.hrw.org/en/news/2009/10/02/state-distribution-juvenile-offenders-serving-juvenile-life-without-parole; original report available at http://www.hrw.org/en/reports/2005/10/11/rest-their-lives). No Exit lists 6,807 juvenile offenders serving sentences of life imprisonment, including 1,755 without the possibility of parole. Because No Exit uses figures that track states’ definitions of juvenile offender and hence exclude some persons under 18 serving sentences of life imprisonment where they were ineligible for juvenile court jurisdiction, the figure provided for juveniles serving life sentences without the possibility of parole has been replaced with the comparable and more robust figure of 2,574 provided in State Distribution. Even with this substitution, this figure still likely underestimates the total number of persons serving sentences of life imprisonment for offences committed when they were under the age of 18 given the varying definition of juvenile offender in No Exit.

285The Sentencing Project, Juvenile Life Without Parole: An Overview, 2 April 2014. Available at: http://sentencingproject.org/doc/publications/jj_Juvenile%20Life%20Without%20Parole.pdf.

287Penal Code, Article 68.

289Childhood and Adolescence Code, Article 1.

290Childhood and Adolescence Code, Article 91.

291Childhood and Adolescence Code, Article 87.

292Constitution of Venezuela, 44(3). Available in English at: https://www.constituteproject.org/constitution/Venezuela_2009.pdf.

293Ley Orgánica para la proteccion de niños, niñas y adolescentes, Article 528. Available at: http://www.hsph.harvard.edu/population/trafficking/venezuela.child.07.pdf.

294Ley Orgánica para la proteccion de niños, niñas y adolescentes Article 628. Note, for the purposes of this Act (see Article 2) a child is defined as under 12 and an adolescent as a person aged 12 to 18.

295UN Committee on the Rights of the Child, Concluding Observations on the combined third to fifth periodic reports of Venezuela, CRC/C/VEN/CO/3-5, 19 September 2014, paras. 74 and 75.