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Criminal Defense
Juvenile Issues in the UAE: Can a Minor Be Imprisoned?
Can a minor be imprisoned in the UAE? The short answer: a juvenile cannot be sentenced to imprisonment in a prison or to death, and a child under 12 bears no criminal liability at all. A juvenile between 12 and 16 is subject only to corrective measures. For a juvenile who has turned 16 but not yet 18, the court may confine itself to measures, or may impose detention within limits set by the Juvenile Delinquents Law, to be served in a juvenile institution rather than an ordinary prison.
This protection does not mean that juvenile cases in the UAE are simple. Placement in a juvenile institution can last for years, the court follows up the measures through periodic reports, and what a juvenile says to the police in the first hours can decide the outcome of the case. That is why AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS handles juvenile cases from the moment of the police report, standing with the family through the investigation and the trial until the measure ends.
This article is part of the series Criminal Cases in the UAE, and explains to parents what happens if their son or daughter is arrested, and what penalties and measures they may face.
Who Is a Juvenile Under UAE Law?
Under the Law on Juvenile Delinquents and Juveniles at Risk of Delinquency, a child is anyone who has not completed 18 Gregorian years, and a juvenile delinquent is a child who commits a crime punishable under the Crimes and Penalties Law or any other law. Age is calculated by the Gregorian calendar and proven by an official document; if that is not possible, the prosecution or the court appoints a specialist doctor to estimate it.
What counts is the juvenile's age at the time of the act, not at the time of trial. A person who committed the act at 17 is treated as a juvenile even if they turn 18 during the case. If it emerges after judgment that the accused was under 18, the prosecution refers the matter to the court to cancel the judgment and hear the case under the juvenile rules.
The juvenile at risk of delinquency
The law also defines a juvenile at risk of delinquency: a child who has not committed a crime but whose safety is at risk, such as one who spends nights away from home, repeatedly runs away from school, associates with people with criminal records, or carries a weapon. The police may take administrative measures with such a child, including handing them to their guardian or referring them to a juvenile institution, and the guardian may file a grievance against referral to the institution within 10 days of learning of it.
Can a Minor Be Imprisoned in the UAE? Liability by Age
Under 12
No criminal liability
A child who has not reached 12 at the time of the act bears no criminal liability. The Public Prosecution may, however, order appropriate administrative measures if it considers them necessary.
12 to 16
Judicial measures only
If a juvenile of this age commits a crime, the court orders the judicial measures it considers appropriate, and no criminal penalty is imposed.
16 to 18
Measures or a reduced penalty
The court may impose measures instead of a penalty. If it imposes a penalty, there is no death penalty and no imprisonment in prison; they are replaced by detention not exceeding 10 years, and the detention may not exceed half of the maximum penalty for the crime. It is served in a juvenile institution, and if the juvenile turns 18 with time remaining, they are transferred to a penal facility to complete it.
What Happens If the Police Arrest Your Child?
The Juvenile Law sets special safeguards for questioning a minor, and any breach of them can change the course of the case. The police must inform the guardian or a relative as soon as possible, and the juvenile may ask for the guardian to be present. Handcuffs or any restraint on movement may not be used except in specified cases. In non-felony cases, the juvenile's statement is taken in the presence of a child protection specialist, who prepares a report on the juvenile's social and psychological situation and the reasons behind the act.
If the act is a felony, the police must notify the Public Prosecution for instructions before taking any procedural step. The juvenile is then referred to the prosecution, which explains the charges and decides on the case. This stage for adults is explained in referral to the Public Prosecution and detention; juveniles have gentler rules.
The most dangerous point: the first hours
The child protection specialist's report goes to the prosecution and then to the court, which decides after reviewing it and taking it into account. What the juvenile and the family say about the juvenile's circumstances at this stage becomes part of the basis of the judgment. Having a lawyer from the start ensures those circumstances are presented as they are, not as a frightened minor understands them.
Can a Juvenile Be Held in Pre-Trial Detention?
A juvenile delinquent may not be held in pre-trial detention. However, if the circumstances of the case require a precautionary measure, the Public Prosecution may order placement in a juvenile institution for no more than one week, unless the court agrees to extend it to a maximum of 30 days. Instead of placement, the juvenile may be handed to the guardian, who undertakes to bring them whenever required.
This is where the lawyer's role appears: requesting that the juvenile be handed to the guardian instead of being placed, and providing what reassures the prosecution that the family can supervise and produce the child. The idea of guarantees is close to release on bail in the UAE, with the difference that a juvenile is not held in pre-trial detention in the first place.
Be careful after the handover
Under the Juvenile Law, a person who receives the juvenile and then refuses to bring them before the competent authorities when requested is punished with a fine of not less than AED 5,000 and not more than AED 30,000. The handover is an obligation on the guardian, not the end of the case.
Trial of a Juvenile: Special Safeguards
A juvenile's trial is held in closed session, in the presence of a child protection specialist, and only the guardian, witnesses, lawyers and those permitted by the court may attend. In felony cases the trial may only proceed with a lawyer present; if the guardian does not appoint one, the court assigns a lawyer. If the act is a felony, two child protection specialists must attend.
The law prohibits publishing the juvenile's name or photo, or the facts of the investigation or trial or a summary of the judgment, by any means including social media, unless the court or prosecution permits it. Anyone who publishes them is punished with imprisonment of not less than one year and a fine of not less than AED 50,000. This is an important protection for families who fear public exposure more than the judgment.
Juvenile Penalties in the UAE: Judicial Measures
The measures the court may impose on a juvenile delinquent are: judicial probation, electronic monitoring, community service for those aged 16 or over, a ban on practising a particular activity, compulsory vocational training for up to 3 years, placement in a health facility, placement in a juvenile institution, and placement in the National Counselling Centre. More than one measure may be imposed where the juvenile's interest requires, and execution of the judgment may be suspended.
Judicial probation: a chance to erase the case
Where detention may be imposed, the court may suspend pronouncing the conviction for a period of one to 3 years, placing the juvenile under supervision. If the juvenile completes the probation period successfully, the case is deemed never to have existed. This is one of the most important requests a lawyer can make, because it protects the juvenile's educational and professional future and spares them later problems such as those in the certificate of good conduct in the UAE.
A juvenile may not remain in a juvenile institution after turning 18. The court may amend, suspend or end the measures based on periodic reports or at the request of the juvenile or the guardian, and a new request is not accepted before 3 months have passed since the previous decision. Alternatives for adults are explained in alternatives to imprisonment in misdemeanour cases in the UAE.
Settlement and Appeal in Juvenile Cases
Criminal settlement is permitted for violations and for misdemeanours punishable by no more than one year of detention, if the juvenile committed them for the first time. This route ends many minor juvenile cases without trial, and it is explained in settlement and penal reconciliation in the UAE Criminal Procedure Law.
Judgments against juveniles may be appealed within 30 days of the judgment if delivered in their presence, or from notification if delivered in absentia, and the court decides the appeal promptly. However, a judgment ordering placement in a juvenile institution is enforced even if appealed, so the juvenile does not wait outside the institution until the appeal is decided.
The Guardian's Responsibility in Juvenile Cases
The Juvenile Law does not hold the juvenile alone to account. The court may suspend all rights of guardianship where the guardian was a cause of the juvenile's delinquency, and refer the matter to the personal status court to appoint another guardian. The law punishes with imprisonment and a fine anyone who exposes a juvenile to delinquency by helping or inciting them, and the penalty is aggravated if the offender is the child's guardian.
Many juvenile cases begin with drugs, fights or cybercrime. Drug cases are covered in detail in drug cases lawyer in Dubai.
The Lawyer's Role in Juvenile Cases
The juvenile does not grasp the effect of what they say, and the family is in shock. At AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS we handle juvenile cases in stages:
Police
Standing with the juvenile from the report
We make sure the safeguards for questioning a minor are respected and that the juvenile's circumstances are presented accurately to the child protection specialist. Anyone facing a complaint will find details in what to do if a complaint is filed against you at Dubai Police.
Prosecution
Handover to the guardian or settlement
We request that the juvenile be handed to the guardian instead of being placed in an institution, and explore criminal settlement where the law allows it.
Court
Defence and the most suitable measure
We discuss the child protection specialist's report and request judicial probation or the lightest measure that protects the juvenile's future.
Follow-up
Amending the measure and appeal
We follow the periodic reports, request amendment or termination of the measure, and appeal the judgment within its time limit when needed.
Key Time Limits and Figures in Juvenile Cases
12 yearsA child who has not reached this age at the time of the act bears no criminal liability
1 weekMaximum placement of a juvenile by prosecution order, which the court may extend to 30 days
10 yearsMaximum detention that replaces the death penalty or imprisonment for a juvenile
30 daysTime limit to appeal a judgment against a juvenile
10 daysFor the guardian to file a grievance against referral of an at-risk juvenile to a juvenile institution
Mistakes That Cost the Juvenile and the Family
Letting the juvenile give a statement alone
The juvenile may ask for the guardian to be present, and having a lawyer from the start prevents statements on which the whole case may be built.
Taking the case lightly because a juvenile is not imprisoned
Placement in a juvenile institution can last until 18, and detention for a juvenile aged 16 to 18 is possible within the limits of the law.
Posting details of the case on social media
Publishing the juvenile's name, photo or case details is a crime, even if done by a relative defending them.
Missing the appeal deadline
The deadline is 30 days, and a placement judgment is enforced despite appeal, so every day of delay counts against the juvenile.
Legal References
1- Federal Law No. 6 of 2022 on Juvenile Delinquents and Juveniles at Risk of Delinquency
2- Federal Decree-Law No. 38 of 2022 promulgating the Criminal Procedure Law, as amended
3- Federal Decree-Law No. 31 of 2021 promulgating the Crimes and Penalties Law, as amended
4- Federal Law No. 3 of 2016 on Child Rights (Wadeema's Law), as amended
Frequently Asked Questions About Juvenile Cases in the UAE
Juvenile Cases Lawyer in Dubai
Before the Family and Juvenile Prosecution and the Dubai Courts, AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS handles cases of juvenile delinquents and juveniles at risk of delinquency, from attending the investigation and requesting handover to the guardian, to the defence, requesting judicial probation and lighter measures, appealing judgments and amending measures.
Other Emirates
The firm is registered in Dubai and with the Ministry of Justice, and appears before all courts of the UAE in Abu Dhabi, Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah and Fujairah in juvenile cases, juvenile penalties and all other criminal cases for UAE nationals and residents.
