Content Label: News
Politicians in Jersey have recently approved an amendment to the Criminal Justice (Young Offenders) (Jersey) Law 2014, intended to enhance the rights of children and young people on the island.
Before this amendment, children (ages 10-14) and young adults (ages 15-17) serving youth detention sentences in the island’s secure accommodation facility, Greenfields, were not eligible for temporary or early release. This meant a significant gap in justice legislation as young people serving a sentence in a young offender’s institute (YOI) and adults in prison are potentially eligible for these options after having served two-thirds of their sentence.
According to staff at Greenfields, knowledge of this omission among the young people serving sentences there incentivizes them to behave badly in the hope of being transferred to the adult prison, H.M. Prison La Moye, where they would potentially be eligible for temporary or early release. Thus, the exclusion of temporary or early release legislation for these young offenders undermined compliance with the United Nations Convention on the Rights of the Child (UNCRC), as H.M. La Moye has been described by the Minister for Justice and Home Affairs of Jersey, Deputy Mary Le Hegarat, as a “less child-friendly environment.”
The amendment to the law, which was unanimously approved by the States Assembly, allows young offenders detained in Greenfields the possibility of temporary or early release as a result of good conduct after having served two-thirds of their sentence. Temporary release could entail allowing for visits to family, or accessing work or education. Advocates of this amendment describe it as a turn towards taking a “child-first approach” and strengthened adherence to the UNCRC.
Although this legislation would incentivize good behavior in young adult secure accommodation and thus limit the number of young offenders held in H.M. La Moye, a gap in the legislation still exists regarding young offenders requiring stricter sentences than the secure accommodation offered by Greenfields. These offenders would still be required to serve their sentences at H.M La Moye, despite a 2025 prison inspection report that declared “Children should never be held in an adult prison.” It remains to be seen how the state of Jersey will continue to foreground a “child-first approach” that promotes the safeguarding of children without a designated YOI separate from the adult prison.
Despite the potential gaps that still remain regarding young offenders legislation on the island, the improvements hint at a promising trend towards stronger adherence to UN human rights conventions within justice systems.
Sources:
BBC – Young Offenders in secure unit set to have more rights
Bailiwick Express – Legal loophole provides “incentive” for young offenders to “behave badly”
DRAFT CRIMINAL JUSTICE (YOUNG OFFENDERS) (JERSEY) AMENDMENT No. 2 LAW 202-