Situation during the visit
(A/HRC/16/52/Add.3)
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.
The lack of separation of children and
juveniles in need of care and protection,
uncontrollable juveniles and those in conflict
with the law makes it extremely difficult, if
not impossible, to address the individual
needs of children.
The Fort Augusta Correctional Centre for
Women and the Horizon Remand Centre for
men are adult institutions that also hold
children.
Information received in the reporting period
Government: The Government is working to reverse the
current practice of the incarceration of children in police lockups and to implement measures to protect children in juvenile
correctional facilities.
There is segregation in detention and prison facilities between
juveniles and adults, persons on remand and convicts. Female
juveniles at the Fort Augusta prison, for example, are kept in
separate dormitories, except for those occasions during the day
when they are being exposed to training and educational
classes. As a result of the opening of the Metcalfe Street
Secure Juvenile Centre, no male juveniles are being housed in
any adult facilities under the control of the Department of
Correctional Services. The space created by the Metcalfe Street
Facility will allow girls on remand to be relocated to the Rio
Cobre and St. Andrew remand centres previously occupied by
boys. In addition, the Department of Correctional Services will
continue to manage the Hill Top Juvenile Correctional Centres
for boys and the Diamond Crest Juvenile Correctional Centre
for girls. The Government is currently taking steps to prepare a
facility for the remand of girls who are in conflict with the law.
The Jamaica Constabulary Force continues to provide the
Child Development Agency (CDA) with a weekly report of
children who are being held in lockups. The Agency‘s team
continues to make the necessary arrangements for children to
be removed to a Place of Safety or a pre-approved alternate
site. This is typically achieved within 48 hours as required by
the Child Care and Protection Act, 2004 (CCPA). As at
December 5, 2011, 32 children (30 males, 2 females) were in
police custody. This number varies and is not necessarily
reflective of children being held in a police lockup for a
prolonged period.
As at the December 15, 2011, there were forty-five (45)
children in conflict with the law who are being housed in the
child protection residential system. Efforts are made to
monitor these placement to ensure that there is no or very
minimal disruption to care delivery to the general children
A/HRC/19/61/Add.3
140
Recommendation
(A/HRC/16/52/Add.3)
(o) Remove all children in conflict
with the law from adult detention
facilities, and ensure that children in
need of care and protection from the
State are not held with those in
conflict with the law;
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