THE lack of a young offenders’ unit in Jersey has been criticised after a child was kept ‘in de facto solitary confinement’ at La Moye Prison.
In the Youth Court yesterday, the teenager, who cannot be named for legal reasons, was sentenced for a string of violent offences, which had taken place at the Island’s secure unit, Greenfields.
As a result, the child was moved to La Moye Prison, where they had to be kept separated from the adult inmates.
Speaking after the conclusion of the case, acting children’s commissioner Andrea Le Saint said that housing an under-18 in an adult prison was a breach of Jersey’s international obligations.
She said: ‘Our office has been aware of this case from the beginning, and when this child was transferred to La Moye, our strong advice to the minister at the time was for a different solution to be found.
‘It is unacceptable, not only under Jersey’s obligations to the United Nations Convention on the Rights of the Child, but also in the interests of basic welfare, that a child should be housed in an impromptu youth facility in the adult prison.
‘For one thing, this amounts to de facto solitary confinement, which is one of the most extreme and inhumane forms of detention.’
She added that her office would ‘soon be publishing a report on secure accommodation for children in Jersey’ and that she would be raising the issue with the United Nations in Geneva next month.
Home Affairs Minister Helen Miles said that work was being carried out to deliver a youth justice strategy and it was hoped that a draft would be ready for consulation by the end of March.
‘The strategy remains under development, but it will be based on the findings and recommendations of the previous Youth Justice Review and among its key themes will be improving diversion away from the criminal justice system,’ she said.
‘There will also be a focus on evidence-based practice, children’s rights and wellbeing, multi-agency collaboration and working within families and the community to reduce offending, enhance community safety and help our Island’s children and young people thrive.
‘I am pleased to have been able to have some initial discussions with the children’s commissioner and look forward to continued constructive dialogue.’
The Youth Court heard yesterday that while at Greenfields the teenager committed four acts of malicious damage, breaking glass doors and vandalising walls and furniture. They also assaulted two staff members by head-butting, punching, kicking and biting, and were found guilty after a trial in November.
In the Youth Court yesterday,(FRI) Advocate Rebecca Morley-Kirk, prosecuting, recommended a sentence of eight months for the assaults and one month for each of the instances of malicious damage, all to run concurrently. The teenager was also made subject to a five-year restraining order, preventing contact with the victims of the assaults. However, they were eligible to be released due to the length of time they had already spent on remand.
Advocate Julia-Anne Dix, defending, accepted the prosecution’s recommended sentence but pointed out that neither Greenfields nor La Moye had been appropriate places for the child.
She said: ‘Children’s Services did not have any accommodation available, so they had no option but to remand them in Greenfields.
‘There was little consistency in the boundaries imposed on them. They felt they were being treated differently from the other residents.’
After the assaults and malicious damage the teenager was sent to La Moye Prison and had to be kept separate from adult prisoners.
She added: ‘La Moye does not have a young offenders’ unit. They were eating their meals in their cell and spending the majority of their time in the cell. They had limited contact.
‘Children should never be kept in HMP La Moye.’
Deputy Bailiff Robert MacRae, presiding, agreed, telling the teenager: ‘La Moye is not a suitable environment for someone of your age.’
The court was told that the teenager was assessed as at high risk of reoffending, but the Jurats noted that their behaviour had improved during detention. So Mr MacRae added: ‘We hope that the support you get, together with your own efforts, will reduce that risk.
‘It is the wish of everyone here that we don’t see you in court again.’
Jurats Elizabeth Du Lake and Andrew Cornish were sitting.
