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Judges to be stripped of prison inspection role after Scrutiny report

Judges to be stripped of prison inspection role after Scrutiny report

Monday 30 November 2015

Judges to be stripped of prison inspection role after Scrutiny report

Monday 30 November 2015


Judges won’t have the job of carrying out independent checks on prisoners after the Home Affairs Minister backed the findings of a Scrutiny review.

The review found that the dual role of sending people to prison and then checking up on them means that Jurats - judges who sit in the Island's Royal Court - can't be considered fully 'independent', and so the job needs to be given to someone else.

The review found that the current system wouldn’t meet an agreement under the United Nation’s Convention against Torture.

Deputy Kristina Moore – who as Home Affairs Minister is responsible for the prison and the police - will now push for States Members to agree to a new system with independent members of the public sitting on the Prison Board of Visitors instead.

Deputy Moore said: “When viewed from a modern perspective, it is clear that the judicial role of the Jurat does not meet international standards for fully independent prison visitors.

“Jersey needs to meet the international standard for monitoring prisoners and be able to demonstrate independently that people in detention are treated fairly and humanely.”

She says that she will take a new law to the States next year.

The majority of prisoners at La Moye who were asked as part of the Scrutiny wanted to see change too. Most, who were sentenced by Jurats, said it's a problem having Jurats on the board because they're involved in trials and sentencing.

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention against Torture) is an international human rights treaty, under the review of the United Nations, that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.

If Jersey signs up to the Optional Protocal independent visiting bodies will come and check on the welfare of all the prisoners at La Moye.

Deputy Sam Mezec, who's been leading the review, said: "Once the Panel had established that the Island was going to attempt to meet the standards required to sign up to OPCAT, it became clear that however strong the arguments for maintaining the traditions of Jersey Jurats being members of the Prison Board of Visitors, and however good a job they actually did in that role, Jersey is going to have to make changes.”

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