Children (Secure
Accommodation) (Jersey) Order 2005
1 Interpretation
In this
Order “Law” means the Children
(Jersey) Law 2002.
2 Maximum
period in secure accommodation without court authority
(1) Subject
to paragraphs (2) and (3), the maximum period beyond which a child to whom
Article 22 of the Law applies may not be kept in secure accommodation
without the authority of the court, is an aggregate of 72 hours (whether
or not consecutive) in any period of 28 consecutive days.
(2) Where
authority of the court to keep a child in secure accommodation has been given,
any period during which the child has been kept in such accommodation before
the giving of that authority shall be disregarded for the purpose of
calculating the maximum period in relation to any subsequent occasion on which
the child is placed in such accommodation after the period authorized by the
court has expired.
(3) Where
a child is in secure accommodation –
(a) at
any time between 12 midday on the day before and 12 midday on the day
after a holiday or a Sunday;
(b) during
that period the maximum period specified in paragraph (1) expires; and
(c) the
child had, in the 27 days before the day on which the child was placed in
secure accommodation, been placed and kept in such accommodation for an
aggregate of more than 48 hours,
the maximum period does
not expire until 12 midday on the first day that is not a holiday or a
Sunday after the holiday or Sunday mentioned in sub-paragraph (a).
3 Maximum
period of authorization by a court
(1) Subject
to paragraphs (2) and (3), the maximum period for which the court may
authorize a child to whom Article 22 of the Law applies to be kept in
secure accommodation is 3 months.
(2) The
court may from time to time authorize a child to whom Article 22 of the
Law applies to be kept in secure accommodation for a further period not
exceeding 6 months at any one time.
(3) The
maximum period for which the court may from time to time authorize a child who
has been remanded to a remand centre under Article 16 of the of the Criminal
Justice (Young Offenders) (Jersey) Law 1994 to be kept in secure
accommodation (whether the period is an initial period or a further period) is
the period of the remand and any period of authorization in respect of such a
child shall not exceed 28 days on any occasion without further court
authorization.
4 Applications
to the court
Applications to the court
under Article 22 of the Law shall be made only by the Minister.
5 Children
to whom Article 22 of the Law shall not apply
(1) Article 22
of the Law shall not apply to a child who is detained under any provision of
the Mental Health
(Jersey) Law 2016.[1]
(2) Article 22
of the Law shall not apply to a child –
(a) to
whom Article 17(5) of the Law applies who is being accommodated in a
children’s home under that provision; or
(b) in
respect of whom a child assessment order has been made and who is kept away
from home pursuant to that order.
6 [2]
7 Children
to whom Article 22 of the Law shall apply and have effect subject to
modifications
(1) Subject
to Article 5 and to paragraphs (2) and (3), Article 22 of the
Law shall apply (in addition to children looked after by the Minister) to
children other than those looked after by the Minister who are
accommodated –
(a)
(b) in
premises that are provided as part of a care home service within the meaning of
paragraph 4 or a children’s home service within the meaning of
paragraph 7 of Schedule 1 to the Regulation
of Care (Jersey) Law 2014.[3]
(2) [4]
(3) In
relation to the children specified in paragraph (1)(b), Article 22 of
the Law shall have effect as if in paragraph (1) for the words “who is
being looked after by the Minister” there were substituted the words
“who is being provided with accommodation in premises that are provided
as part of a care home service within the meaning of paragraph 4 or a
children’s home service within the meaning of paragraph 7 of
Schedule 1 to the Regulation of
Care (Jersey) Law 2014”.[5]
8 Duty
to inform parents and others in relation to children in secure accommodation
If a child to whom Article 22
of the Law applies is kept in secure accommodation and it is intended that an
application will be made to a court to keep the child in that accommodation,
the Minister shall, if practicable and as soon as possible, inform –
(a) the
child’s parents;
(b) any
person who is not the child’s parent but who has parental responsibility
for the child; and
(c) the
child’s independent visitor, if one has been appointed under paragraph 3
of Schedule 2 to the Law; and
(d) any
other person whom the Minister considers should be informed.
9 Appointment
of persons to review placement in secure accommodation
The Minister shall
appoint 3 persons, at least one of whom must not be an officer of an
administration of the States for which the Minister is assigned responsibility,
who shall review the keeping of a child to whom Article 22 of the Law
applies in secure accommodation for the purposes of securing his or her
welfare, within one month of the inception of the placement and then at
intervals not exceeding 3 months if the child continues to be kept in such
accommodation.[6]
10 Review
of placement in secure accommodation
(1) The
persons appointed under Article 9 to review the keeping of a child in
secure accommodation shall satisfy themselves as to whether or not –
(a) the
criteria for keeping the child in secure accommodation continue to apply;
(b) the
placement in such accommodation continues to be necessary; and
(c) any
other description of accommodation would be appropriate for the child,
and in doing so shall have
regard to the welfare of the child whose case is being reviewed.
(2) In
undertaking the review the person appointed shall, if practicable, ascertain
and take into account the wishes and feelings of –
(a) the
child;
(b) any
parent of the child;
(c) any
person not being a parent of the child but who has parental responsibility for
the child;
(d) any
other person who has had the care of the child, whose views the persons
appointed consider should be taken into account; and
(e) the
child’s independent visitor if one has been appointed under paragraph 3
of Schedule 2 to the Law.
(3) The
Minister shall, if practicable, inform all those whose views are required to be
taken into account under paragraph (2) of the outcome of the review and
what action, if any, the Minister decides to take in relation to the child in
the light of the review, and the reasons for the decision.
11 Citation
This Order may be cited
as the Children (Secure Accommodation) (Jersey) Order 2005.