Juveniles Detained in Lock-ups Should Not Associate with Adults. This Manual Will Help to End That and Other Abuses
How and Why This Manual was Developed
AWelcome New Tool for Protecting Our Children
I am very pleased to be associated with the “A-Z MANUAL” prepared by the Juvenile Advisory Council, which outlines the proper procedures to be followed when children are remanded in custody. All too often our children have been unnecessarily endangered, and their rights violated, simply because of a lack of information on the part of the adults involved in the law enforcement and judicial process. This Manual is designed to provide a vital link between all the agencies involved in protecting our children, and so to ensure that the rights of children are upheld when they are in need of help, or in trouble with the law, or both. I wish to thank all those who have contributed their time and energy to the development and production of this important publication.
Let us always remember thatit is only if we nurture our children that we can look forward to the future of this great country with confidence!
Ambassador Marjorie E. Taylor
The detention of juveniles in lock-ups where they can associate with adults should be prevented. `Adults’ refer to “any adult, not being a relative, who is charged with any offence other than an offence with which the juvenile is jointly charged.”
Association of juveniles with adults whilst juveniles are in detention, endangers the lives and well being of such juveniles. This has happened far too frequently, and has lead to juveniles being exposed to a range of abuses including beatings, rape and psychological abuse. Some of these abuses have been committed by both inmates and police officers.
There is an urgent need for better collaboration and communication between the agencies involved in the detention of juveniles. The proper procedures need to be put in place to ensure the end of abuse.
It is the aim of this manual to provide a clear
set of procedures. If followed, they will help to prevent these types of
In addressing this challenge, the first step was
a review of current practices to see exactly what has been happening to
juveniles before they appear in court and during the period of waiting for
a final determination to be made. The Juvenile Advisory Council (Please
see Appendix 6 for full list of members), in consultation with officials
of the Children’s Services Division, the Ministry of National Security and
Justice (including the Jamaica Constabulary Force and
are in need of care and protection; and who...
The Juveniles Act makes provision for the remand of juveniles in Places of Safety during the period when the courts are giving consideration to decisions affecting them. Section I 7 of the Juveniles Act requires the Commissioner of Police to make arrangements which will prevent a juvenile:
(a) while detained in a police station;
“Remanded in custody” is sometimes interpreted to include Police stations. However, the Juveniles Act states clearly that juveniles should not be kept in lock-ups but in Places of Safety.
Places of Safety are located at various sites across the island and accommodate juveniles i.e. persons under the age of 17 years.
Section I 9 of the Juveniles Act indicates that if the juvenile is of so unruly or depraved a character that he or she is a threat to the safety of others, “remanded in custody” can mean being remanded in:
(a) a juvenile remand centre named in the commitment; or
At the end of the review,it was decided that a manual should be provided, detailing the steps to be followed when dealing with a juvenile who is to be remanded until the case is disposed of by the courts.
It is expected that the contents of this manual
will form part of the curriculum of the training of members of the Jamaica
1. There must be a directory of
Places of Safety, children’s homes and juvenile correctional institutions
to the police, members of correctional
institutions and the public. This directory is included in this manual
3. The police must be responsible for ensuring that juveniles are transported to and from Places of Safety, their prompt and punctual attendance at court when required, and that the juvenile and the parents and/or those accompanying them to court are duly informed of the court date.
4. The Children’s Services Division and the Department of Correctional Services must be equipped to make arrangements to accommodate juveniles requiring placement.
5. In accordance with Section IS of the Juveniles Act, which deals with uncontrollable juveniles, the Children’s Officer must provide a juvenile with counseling over a period of time before that juvenile is taken before the court.
6. The completion of a j.A.2 Form, setting out the profile (in respect of each juvenile) is a crucial first step in the placement and any subsequent removal of juveniles. Therefore, these forms must always be available at all police stations. Copies of completed J.A.2 Forms are to be sent by the police to the appropriate Children’s Officer once the juvenile is remanded.
7. In relation to the police, when there is a change of duties, the essential steps contained in this manual must be passed on to the new officer taking over.
8. Each police division must appoint a senior officer to liaise with the Children’s Services Division and Family/Juvenile Courts in respect of matters affecting juveniles. The name of the officer identified is to be published in Staff Orders.
9. The Divisional Officer is required to monitor steps I -8 above.
1. Between the hours of 7:00 a.m. and 9:00
p.m. a juvenile who is considered to be in need of care and
should be referred to the Juvenile Unit of the Jamaica
Constabulary Force for the case to be processed.
5. If the juvenile is to be remanded to a Place of Safety, the Rape/Juvenile Unit, in consultation with the Children’s Services Division, should secure the placement in order to ensure remand.
6. If there is any difficulty, a call should be made to the Children’s Services Division emergency telephone numbers, so that assistance can be given. These numbers will be operational 24 hours per day. Responsibility lies with the Children’s Services Division to indicate Places of Safety or foster homes to be used as Places of Safety where the
juvenile should be taken.
7. The police should ensure the timely completion of all administrative tasks required for the prompt attendance of the juvenile at the next sitting of the Family Court. Transportation of the juvenile to and from the Place of Safety is the responsibility of the police.
8. When a juvenile is placed in the care of a superintendent at a Place of Safety it is the responsibility of that superintendent to ensure that the juvenile remains within the confines of that institution. However, should the juvenile abscond, it is the responsibility of the police to ensure his or her return.
9. The Divisional Officer for juveniles is required to monitor steps 1-8 above.
JUVENILES IN NEED OF CARE AND PROTECTION IN RURAL AREAS
1. A juvenile who is considered to be in need
of Care and Protection must be processed at the police station where
5. The police should arrange for the appearance of the juvenile at the next court sitting, including the provision of transportation to and from the Place of Safety. (A completed j.A.2 Form must accompany each juvenile and must be left by the police with the superintendent of the Place of Safety. Follow-up must be done to ensure court appearance).
The police should transport the juvenile to the Place of Safety and make arrangements for an appearance at the next sitting of the court.
A completed J.A.2 Form must be left with the superintendent of the Place of Safety by the police, in respect of each juvenile, for follow-up action to be done to ensure the attendance of the juvenile at court.
The Divisional Officer for juveniles is required to monitor steps 1-7 above.
Prepared by the Juvenile Advisory Council