Giving effect to young people’s right to effectively participate in criminal proceedings

Article 6 of the European Convention on Human Rights, guarantees the right to a fair trial, including the right of all defendants to participate effectively in their trial. Although psychiatrists and psychologists frequently report that defendants in the youth court are‘unfit to plead’, this concept has no formal application in the youth court. This article will examine how the criminal justice system responds to young people who are not capable of effectively participating in their own criminal proceedings as a result of their youth and immaturity inhibiting their understanding and participation in the trial proceedings.