A LEGAL loophole that denies young offenders the same sentence reductions for good behaviour granted to adult prisoners could soon be closed.
Home Affairs Minister Mary Le Hegarat recently signed a ministerial decision instructing law drafters to prepare an amendment to part of the Prison (Jersey) Rules 2007, in order to add “additional grounds for remission”.
Chief probation officer Mike Cutland explained that, before the ministerial decision was signed, children serving a sentence of youth detention in the Island’s secure accommodation unit were not eligible for remission as they were not classed as a prisoner.
“The Minister’s intervention allows their behaviour in Greenfields to now be taken into account when remission is being considered,” he added.
Mr Cutland had previously alluded to the change in the latest Probation and After-Care Service annual report, where he wrote: “As a corporate parent, we are aware that it is important that children who serve sentences of youth detention at Greenfields are afforded the same opportunity as adults to gain remission.”
Deputy Le Hegarat’s ministerial decision comes just a few weeks after publication of the Youth Justice Roadmap, which outlines the government’s intended “children-first” approach to enforcing youth justice and rehabilitating child offenders, as well as keeping them out of the criminal system where possible.
The strategy outlines a number of actions to enable a “restorative” youth justice system, including plans to “enact a Criminal Justice (Youth Offenders in Secure Accommodation) Law to allow remission, temporary release, and safeguard the rights of children and staff”.
It was published shortly after concerns were raised about how Jersey treats some of its most vulnerable children in custody.
In May, the JEP revealed that three children were being held at HMP La Moye in a section designated as a young offenders’ institution following damage to part of the Greenfields secure unit.
Children’s Commissioner Carmel Corrigan described the use of the adult prison as “very disappointing” and urged ministers to find a long-term solution that properly meets the needs of children.
A planning application has been submitted to create an emergency refuge unit at Greenfields which could house up to two children and one carer.
The application, which has been submitted by Andrew Harvey Architects, was needed due to “the current lack of suitable accommodation” in the Government’s property portfolio “to cater for the demand that the Children, Young People, Education and Skills (CYPES) service is facing”, according to a cover letter supporting the application.
Wider plans to transform Greenfields into a children’s home with a step-down unit, emergency bed and remand bed were announced earlier this year by the Children’s Minister.
But Constable Richard Vibert recently revealed that the pace and extent of the Greenfields redevelopment will depend on if his funding bid is approved as part of the Government Plan at the end of this year.
“It’s very much in the Government hands,” he said. “If they support it, then we will go forward.”
In a statement, the Justice and Home Affairs Department said: “The draft Criminal Justice (Young Offenders) (Jersey) Amendment No. 2 Law 202-, which is currently in the final stages of development, will allow for the remission of young offenders.
“As this new law is not likely to be in place until 2026 an amendment to prison rules has been made by the Minister for Justice and Home Affairs in the meantime.
“Prison (Jersey) Amendment Rules 2025 allows the Minister to consider someone’s behaviour in youth detention as grounds for granting remission once they become prisoners.
“This amendment will apply to any young offenders until the law is changed.’
