A/HRC/16/52/Add.3 take place more than five years after sentence, there will be strong grounds for believing that the delay is such as to constitute ‘inhuman or degrading punishment or other treatment’”.6 On 26 November 2008, parliament voted to keep the death penalty. At the time of the visit, six people remained on death row. 4. Juvenile justice 26. The Child Care and Protection Act (2004) establishes criminal responsibility at age 12 (section 63). Upon arrest, a child must be taken forthwith before a court. If this is not possible, the office of police in charge of the police station informs the Office of the Children’s Advocate, releases the child on bail or detains the child in a children’s remand centre until the child can be brought before a court (section 67). All matters dealing with charges against a child or in relation to a child in need of care or protection are heard by the Children’s Courts (section 72(1)) and the parents or legal guardians of the child are required to attend the court at all stages of the proceedings (section 69(1)). 27. The Child Care and Protection Act also states that children should be kept separate from adults at police stations and courts (sections 66(a) and (b)). However, if the court so decides, a juvenile may be committed to an adult correctional centre (section 68(b)). In certain circumstances, including murder or manslaughter, treason or infanticide, and if the court is of the opinion that no other methods are suitable, a juvenile may be sentenced to up to 25 years of imprisonment (section 75(8)). 28. Section 9 of the Child Care and Protection Act prohibits assaulting and physically or mentally ill-treating a child, punishable by fine or imprisonment with hard labour not exceeding five years. Additionally, a child in a place of safety or children’s home has the right to be free from corporal punishment (section 64(d)). In this regard, a children’s home may be visited at all reasonable times by any person authorized by the minister or by an officer of the Jamaican Constabulary Force, not below the rank of Deputy Superintendent, for the purpose of ensuring that the children receive adequate care and attention (section 54). 29. The Child Care and Protection Act also created the Office of the Children’s Advocate to protect and enforce children’s rights. The Children’s Advocate may conduct investigations into complaints of authorities infringing on a child’s rights.7 The Children’s Advocate may also bring non-criminal proceedings to court concerning the rights or best interests of children.8 30. Juveniles may be detained if they are in need of care and protection, if deemed uncontrollable or if in conflict with the law. With regard to an “uncontrollable child”, there is no clear definition or criteria for its identification in the legislation. The wide discretion currently allowed to the judiciary has led to a relatively large number of detentions of children under such orders. According to the Office of the Children’s Advocate, in 2008 alone, almost 20 per cent of children in detention facilities were there for uncontrollable behaviour. 5. Violence against women 31. The Domestic Violence Act of 1996 was amended in order to give women the possibility of applying through the court system for a protective order (section 3(1)). It also gives police officers the same possibility concerning children in situations of domestic 6 7 8 8 Earl Pratt and Ivan Morgan v. The Attorney General for Jamaica et. al., Privy Council Appeal No. 10 of 993, 2 November 1993. Child Care and Protection Act, first schedule, section 13. Child Care and Protection Act, first schedule, section 14(1).