Study on children's involvement in judicial proceedings : contextual overview for the criminal justice phase : Denmark

In criminal law cases, specialist institutions are not in place to deal with child victims and child witnesses. The normal police, prosecution and court services deal with such children. However, guidance is provided with regard to, for example, questioning of child victims and witnesses and the right to assistance from a representative from the social services of the local municipality. The police must also provide guidance to victims on the rules governing appointment of special legal representation. There are no special or separate procedures for criminal proceedings involving children. There are, however, a number of special measures to protect the child within the traditional criminal system. The age of criminal responsibility in Denmark is 15 years of age. A number of specially trained youth judges with special knowledge of juvenile delinquency, punishment, treatment and rehabilitation of youth suspects and offenders work towards a fast and effective processing time, in line with the objectives of the specialised juvenile system, when it comes to child offenders between 15 and 18 years of age. One of the strengths of the legal framework in Denmark is its requirement for police departments and social services to cooperate. Another strength is the fast procedures regarding child offenders, which constitutes an increased effort by the Danish government to combat crimes committed by children. There are also positive perspectives with regard to the general system of Victim-Offender Mediation. This system is relatively new and the coming years will show its possible benefits with regard to child offenders between 15 and 18 years of age. A gap in the Danish system is that children are not provided with specific rights as children in the criminal system. Generally they are also not provided with any special information on procedures or rights. Child suspects and offenders between 15 and 18 years of age are not considered as children by the system. Instead they are treated as adult suspects and offenders. Another gap in the Danish system is the fact that there is no maximum imprisonment for child offenders. United Nations human rights monitoring committees as well as Danish NGOs argue that it should be prohibited to use solitary confinement against child offenders in Denmark and that child offenders should not be put in prisons with adults, a practice which is sometimes still employed in Denmark.