Children (Secure
Accommodation) (Jersey) Order 2005
Made 21st July 2005
Coming into force 1st
August 2005
THE HEALTH AND SOCIAL SERVICES COMMITTEE, in pursuance of Articles 22
and 81 of the Children
(Jersey) Law 2002, orders as follows –
1 Interpretation
In this Order “Law” means the Children
(Jersey) Law 2002.[1]
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[2] 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 Committee.
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 1969[3] or in respect of whom an
order has been made under Article 5(2) or (4) of the Criminal Justice (Young Offenders) (Jersey) Law 1994.
(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 Detained
and remanded children to whom Article 22 of the Law shall have effect
subject to modifications
(1) Subject
to Article 5, Article 22 of the Law shall have effect subject to the
modification specified in paragraph (2) in relation to children who are
being looked after by the Committee and who have been –
(a) detained
under Article 36(6) of the Police
Procedures and Criminal Evidence (Jersey) Law 2003;[4] or
(b) remanded
to a remand centre under Article 16 of the Criminal Justice (Young Offenders) (Jersey) Law 1994
and who –
(i) have been charged
with an offence that, in the case of a person aged 21 or over, carries a term
of imprisonment of 14 years or more, or
(ii) have a recent
history of absconding while remanded to a remand centre and who have been
charged with or convicted of an offence alleged or found to have been committed
while so remanded.
(2) The
modification referred to in paragraph (1) is that in Article 22(1) of
the Law for the words “unless it appears” to the end of the paragraph
there shall be substituted the following words –
“unless it appears that any accommodation other than that
provided for the purpose of restricting liberty is inappropriate
because –
(a) the
child is likely to abscond from such other accommodation; or
(b) the
child is likely to injure himself or herself or other people if he or she is
kept in any other accommodation.”.
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 Committee) to
children other than those looked after by the Committee who are
accommodated –
(a) by
the Education, Sport and Culture Committee; and
(b) in
any class of premises to which the Nursing
and Residential Homes (Jersey) Law 1994[5] applies.
(2) In
relation to the children specified in paragraph 1(a), Article 22 of the
Law shall have effect as if in paragraph (1) for the words “who is
being looked after by the Committee” there were substituted the words
“who is being provided with accommodation by the Education, Sport and
Culture Committee”.
(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 Committee” there were substituted the words
“who is being provided with accommodation in any class of premises to
which the Nursing and Residential Homes
(Jersey) Law 1994 applies”.
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 Committee 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 Committee considers should be informed.
9 Appointment
of persons to review placement in secure accommodation
The Committee shall appoint at least 3 persons, at least one of
whom must not be an officer of the Committee, who shall review the keeping of
the child 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.
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
Committee 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 Committee decides to take in relation to the child in
the light of the review, and the reasons for the decision.
11 Amendments
consequential upon move to Ministerial government
The Schedule shall have effect for the purpose of amending this
Order in the event of the commencement of Article 42(3) of the States of Jersey Law 2005.[6]
12 Citation and
commencement
(1) This
Order may be cited as the Children (Secure Accommodation) (Jersey)
Order 2005.
(2) This
Order, apart from the Schedule, shall come into force on 1st August 2005.
(3) The
Schedule shall come into force on the same day that Article 42(3) of the
States of Jersey Law 2005 comes into force.
M.N. DE LA HAYE
Greffier of the States.