The Home Affairs Minister is attempting to address a legal “gap” which means that children and young people denied bail can only be detained in secure accommodation or a police cell.

Deputy Mary Le Hegarat has proposed an amendment to the Children and Young People (Place of Police Detention) Law to close what she describes as a “gap” in current legislation.

When an islander under the age of 18 is charged with an offence and bail is refused, the only options are to detain them in secure accommodation – if available – or in a police cell.

However, the proposed new law would allow a young person to instead be transferred to appropriate accommodation provided by the Children’s Minister.

The Home Affairs Minister said this amendment would “improve the rights of children and young people within the justice system”.

Deputy Le Hegarat added that similar provisions already exist within other jurisdictions including Guernsey, England and Wales.

The arrest, detention or imprisonment of a child shall be used only as a measure of last resort and for the shortest appropriate period
of time

Article 37 of the UN Convention on the Rights of the Child

The proposed law would also tightens the rules around detaining children.

The Minister explained: “Currently, it is necessary for there to be reasonable grounds to believe that detention would stop a child or young person from committing an offence.

“After amendment, the threshold would be commission of a ‘serious offence’. This means, a child or young person cannot be deprived of their liberty on the basis that they may commit an offence of a minor nature.”

Deputy Le Hegarat added: “Whilst these amendments do not prevent all children or young people from ever losing their liberty, for example being held in Greenfields due to a risk of further serious offending, they do help to reduce the likelihood of a child or young person’s liberty being taken away before they have been seen by the court.”

The Home Affairs Minister said that, if approved, the new law would improve Jersey’s compliance with Article 37 of the UN Convention on the Rights of the Child which states: “The arrest, detention or imprisonment of a child shall be in conformity with the law
and shall be used only as a measure of last resort and for the shortest appropriate period
of time.”

Her proposition can be read in full online.