Young offenders in care could be allowed to move to specialist mental health facilities whilst they receive treatment, if Jersey agrees to new proposals.
Under an order from the Jersey Royal Court, adult prisoners and those held in juvenile detention centres can be transferred to other facilities to receive treatment for mental health issues.
But a loophole in the island’s laws means juvenile offenders held in protective custody cannot be transferred to treatment facilities except in the most extreme cases.
Acting Minister for Justice and Home Affairs Mary Le Egarratt urged states to “urgently address” what she described as “long-standing issues” with the law.
The proposals say the “vast majority” of young offenders sentenced to prison would be housed in secure detention facilities.
The states said juvenile detention centers would only be used as an “absolute last resort” and would only house juveniles and young men.
Current law allows prisoners to be transferred to licensed mental health facilities for treatment.
Juvenile offender facilities meet the definition of a “prison,” but protective facilities do not, so current law does not apply.
This effectively means that most young people in custody, including girls and young women, are not covered by current laws.
The changes bring Jersey’s laws into line with its commitments under the United Nations Convention on the Rights of the Child (UNCRC), which the island signed in 2014.
“The Mental Health Act as currently enacted does not fully comply with the provisions of this UN Convention on the Rights of the Child and is in breach of the UN Child Rights of children in Jersey,” the proposal states.
The proposal is due to be debated in states in September.
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