Preliminary inquiries in children in conflict with the law: protection or prejudice.

Abstract

Preliminary inquiries come under the guise of the protection of the best interests of the child in conflict with the law. This process could however be more prejudicial than protective. This paper will explore whether the child facing the inquiry is at a greater degree of prejudice than the supposed protection the legislation offers. The paper will further consider the absence of legal representation at the preliminary inquiry stage of proceedings and the harm this can potentially cause to the child in conflict with the law. The Child Justice Act is contrasted with the Criminal Justice Act and what is actually in the best interest of the child is considered.