Project Change strives to ensure that arrested youths could make well-informed, autonomous, and independent decisions when confronted with prospective trials, and that they receive the most fitting and appropriate treatment.
Arrest Statistics (31 October, 2022)
1,628
Completed
Legal Proceedings…
Youths undergoing the judicial process are faced with a number of possible procedures. Some involve a criminal record while others do not. In the event of conviction, there are also alternatives to imprisonment.
Category 1: Procedures Involving No Criminal Record
Depending on the seriousness of the offence, the attitude of the accused person, and whether the accused has any previous criminal record, the authorities may consider dealing with the case in the following procedures that involve no criminal record:
1. Police Superintendent’s Discretion Scheme (PSDS)
In PSDS (which is designed to cover persons under 18), the accused person is cautioned by a Police Superintendent instead of being brought to a court.
2. O.N.E. Bind-over
A preventive measure against future offences that is neither a conviction nor a punishment. The prosecution, with the permission of the court, agrees to withdraw the charge in return for a commitment by the accused person to engage in good behaviour for a period not exceeding three years.
Associated charges include but are not limited to:
– Obstruction of public places (blocking roads);
– Disorder in public places (blocking roads, cursing police officers and slapping police cars);
– Possession of any instrument fit for unlawful purposes (cable ties, mallets, wooden sticks etc.);
– Possession of offensive weapon in public place (laser pens, steel rods, hammers etc.);
– Assaults on police officers (pushing police officers);
– Criminal damage (spray painting).
Category 2: Procedures Involving Criminal Record
Those who do not qualify for PSDS or O.N.E. Bind-over would face trial. If convicted, that person shall carry a criminal record.
Depending on personal background and unique circumstances of the youth, the court may decide to issue an alternative to imprisonment. These include a fine, community order, probation order, and penalties involving detention (Detention Centre, Training Centre, Rehabilitation Centre etc.)
Associated charges include but are not limited to:
– Obstruction of public places (blocking roads);
– Possession of offensive weapons in public places (knives, rods, hammers, slingshot and metal balls etc.);
– Assaults on police officers;
– Criminal damage;
– Rioting.
Upon completing the above penalties, under the Rehabilitation of Offenders Ordinance, if the convicted person had not previously committed another offence, and is not sentenced to imprisonment exceeding three months or a fine exceeding $10,000, the conviction record will be considered as “spent”, provided the convicted person remains law-abiding within a period of three years. This means that, under most circumstances, there is no need to reveal the criminal record to others.
OUR JUDICIAL PROCESS SUPPORT
Psychosocial Reports
Project Change seeks to ensure that arrested youths receive the most fitting and appropriate treatment from the judiciary system. Our team shall prepare psychosocial reports for the arrested youth. These reports shall account for youth’s unique background, experiences, past developments, and other well-being considerations. These reports shall be submitted to the authorities for PSDS and bind-over arrangements before the trial commences (Category 1), to the judge or magistrate for mitigated sentences should the youth be convicted (Category 2).
Legal Referral Service
Project Change does not provide support in legal aid or legal counsel services. Based on needs, Project Change will recommend professionals who may provide legal advice or serve as legal representatives for participants and their families. These professionals are independent from Project Change and have no affiliations with our team. Should the participant require free legal advice, Project Change will refer the participant to the HKU Faculty of Law Clinical Legal Education Programme or other free legal consultation services.