Child 'held illegally' in Jersey's adult prison

Deborah McMillan, Jersey's Children's Commissioner, claims officials are breaching the human rights of the child by holding them in an adult facility

A child is currently being held at La Moye Prison in Jersey, breaking the island's prison law, according to Jersey's children's commissioner.

Deborah McMillan claims officials are breaching the human rights of the child by holding them in an adult facility.

The government said it was unable to comment on individual cases.

It added it aimed to secure people in "institutions that provide the best protection to themselves, staff, and the public".

'Against inspectors' advice'

Ms McMillan said she gave "formal advice" to the government at the beginning of April.

She said: "In my advice to ministers, I highlighted the stipulation of Jersey's Young Offenders Law to provide an 'appropriate place of custody' when a child has to be deprived of their liberty.

"I also drew their attention to the relevant article of the United Nations Convention on the Rights of the Child, and in particular General Comment No 24, which states that 'every child deprived of liberty shall be separated from adults, a child deprived of his/her liberty shall not be placed in an adult prison or other facility for adults'."

An inspection of La Moye 10 years ago concluded children should not be held in adult prisons.

Ms McMillan said the island was going in a "backwards" direction, "directly against inspectors' advice" and that the government was in breach of the Jersey Prison Law 1957.

Deputy Gregory Guida, Minister for Justice and Home Affairs, said: "We are unable to comment on individual cases and must ensure that the privacy and identification of any young person, under the age of 18, is respected at all times.

"We aim to secure people on custodial pathways in the institutions that provide the best protection to themselves, staff, and the public.'

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