ROLE OF THE POLICE IN MANAGING CASES OF CICL

Training on Handling Children in Conflict with the Law (CICL) Cases using Multi-Disciplinary Approach

21-24 August 2012Hotel Dominique, Tagaytay City

ORDER OF PRESENTATION

• Role of PNP based on RA 9344• Initial Contact with the CICL• Procedures in taking Child into

Custody• The Initial Investigation• Intervention/Diversion Overview

Philippine National Police• Conduct special training for its personnel in the management of children in conflict with

the law and the proper observance of procedures prescribed by the Act;

•Ensure that all police stations in the country have:

1. An area where the children taken into custody are kept separate from adult offenders;

Philippine National Police2. A separate logbook of all children taken

into custody;

3. Personnel who are trained specially in dealing with CICL; and

4. Have a list of all persons/agencies that may take custody of the child in conflict with the law in the event the child has no parent/guardian/relative to assume

such custody;

Philippine National Police

• Establish a uniform system of:1. Reporting of CICL who are taken into the custody

of law enforcement officers; and2. Maintaining the confidentiality of the records of

children in conflict with the law and protecting the identity of these children;

Philippine National Police• Establish a system of evaluating the

efficiency and effectiveness of all police units in the country in handling children in

conflict with the law;• Ensure that all police units in the country

establish and maintain close coordination and cooperation with the LCPCs and the

LSWDOs in their areas of jurisdiction.

INITIAL CONTACT WITH THE CICL

What constitutes initial contact with a CICL?

• Refers to the apprehension or taking into custody of a child in conflict with the law by LEO or private citizens

• Upon receiving a subpoena or summons that do not require PI or immediate custody

PROCEDURES FOR TAKING CHILD INTO CUSTODY

• Give proper identification• Explain to the child the reason, the alleged

offense and his/her rights • Avoid using vulgar words and from abusing the

child• Avoid FA display, use of restraints unless

necessary• Avoid violence or unnecessary force

PROCEDURES FOR TAKING CHILD INTO CUSTODY

• Immediately determine the his/her age age.pptx

• Immediately notify parents/guardians, LSWDO and PAO of the apprehension and turn-over custody of the child to the MSWO (NLT 8 hours)

• Coordinate for thorough P/ME• If detention is necessary , the child shall be

secured in area separate from adults and opposite sex

PROCEDURES FOR TAKING CHILD INTO CUSTODY

• Record the ff in the initial investigation:-use of restraints and the reason for such-that parents/guardian, MSWO and PAO have

been duly informed-exhaustion of measures to determine the age of the child, details of P/ME or the failure to submit the child to P/ME

• Ensure that all statements signed by the child during investigation were witnessed by parents, MSWO, legal counsel with their signature affixed to the statement.

THE INITIAL INVESTIGATION

WHAT IS THE NATURE AND OBJECTIVE OF THE INITIAL INVESTIGATION?

• TO DETERMINE WHERE THE CASE INVOLVING THE CICL SHOULD BE REFFERRED

WHO CONDUCTS THE INITIAL INVESTIGATION?

• THE WCPD OFFICERWHO IS PRESENT?• COUNSEL OF CHOICE,PARENTS/ GUARDIAN/

NEAREST RELATIVE AND MSWDO• NGO, FAITH-BASED GROUP, BCPC MEMBER (in

the absence of parents and MSWDO)

INVESTIGATION GUIDELINES• Shall be child-friendly and non-intimidating• Conducted on separate room to promote

comfort and freely express him/herself• Use age appropriate language• LEO to allow the MSWDO to actively assist the

conduct of initial investigation• Provide privacy• Written statement shall reflect the language

of the child• Conducted in the best interest of the child

Light Offense Flowchart

INTAKE BLOTTER

violation

Option 4TURN-OVER TO

WCPD

DETERMINE AGE

RELEASE THE CHILD

Option 1GIVE

ADVICE

Option 2REFER TO PARENTS

Option 3REFER TO BCPC,

SCHOOL CHURCH

CALL MSWDO

NOTIFY PARENTS

UNDERGO M/P EXAM

15 AND

BELOW

TURN-OVER CHILD TO MSWDO

YES

NO

REFER TO PARENTS

Protocol

BLOTTER

END

Intervention

Less Serious/ Serious Offense Flowchartviolation

TURN-OVER TO WCPD

INTAKE BLOTTER

DETERMINE AGE

CALL MSWDO

NOTIFY PARENTS

UNDERGO M/P EXAM

15 AND

BELOW

NO

YES

TURN-OVER CHILD TO PARENTS

PHYSICAL TURN-OVER OF

CHILD TO MSWDO

WAIT FOR MSWDO’S DETERMINATION OF

DISCERNMENT

> 6 YEARS PENALTY?

NO

YES

WITH DISCERMENT

POLICE DIVERSION PROGRAM

REFER TO PROSECUTION

YES

NO

END

Intervention

P I

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PCI MARY GRACE R MADAYAG, BSN, RNPCI MARY GRACE R MADAYAG, BSN, RNPlans and Program Officer, WCPCPlans and Program Officer, WCPC

DIDM, NHPNPDIDM, NHPNP