In a recent parliamentary session discussing a bill intended to curb child loitering, Sherfield Bowen, MP for St. Philip South, expressed his firm opposition to the idea of criminalizing children for loitering. He argued that the criminal justice system should not be used to address what he sees as a social issue rather than a criminal one.
Bowen highlighted the bill’s aim, as per its explanatory memorandum, to tackle the problem of children loitering. Yet, he challenged the logic of turning this behavior into a criminal offense. “I cannot agree that the criminal court or the criminal system is the answer to children lying on the street,” Bowen declared. He supported an amendment by the MP for City West that shifts the focus to penalize bar owners, businesses, and adults who enable children to loiter. However, he remained steadfast against criminalizing the children themselves for loitering.
“I do not see any commonality between the conduct of loitering and creating a criminal offense. I think the Education Act, an act of truancy, and other regulations can address this issue without resorting to criminal law,” Bowen emphasized.
He also raised concerns over Section 11(a) of the bill, which defines anyone under 18 as subject to its regulations, arguing that this definition is too broad. Bowen pointed out that it does not account for emancipated minors who are legally allowed to be on the streets.
“This law prohibits any person under the age of 18, and I think it’s overbroad. It’s going to be unconstitutional to capture the rights of people who are allowed to be on the street,” Bowen argued. He stressed that the legislation should target school-aged children specifically, rather than all minors under 18.
“We cannot be curbing the rights of young people to be on the street in a democracy,” he concluded, advocating for a more nuanced approach to the issue of child loitering.
