Jamaica - National plan of action on child justice

National Plan for Child Justice September, 2011

National Plan of Action
for Child Justice

2010-2014

ACKNOWLEDGEMENTS

The Steering Committee that was mandated to oversee the development of the Plan acknowledges the
significant contribution of the United Nations Children‟s Fund (UNICEF) both in providing technical and
financial support and also sharing with us their vast reservoir of knowledge on the critical issues affecting
children.

Many thanks to Mrs. Inez Morrison who was engaged as a consultant and whose work formed the foundation
on which the Plan was erected.

We would like to acknowledge the significant contributions of the Implementation, Monitoring and
Evaluation Committee with membership drawn from the Ministry of Health, National Security, Education,
Youth, Sports and Culture, Child Development Agency, Department of Correctional Services, Office of the
Children‟s Advocate and Planning Institute of Jamaica.

Additionally, we recognize the contribution of Ms. Ruth Carey, Special Projects Consultant at the Ministry of
Justice for Chairing the National Plan of Action Coordinating and Monitoring Committee for Child Justice
and for her commitment to updating the „Plan of Action‟ to a 2010-2014 plan.

Finally the members of the Committee express gratitude to the ministries and agencies from which the
membership was drawn and to all those who gave of their time and helpful advice.

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ACRONYMS

DCS Department of Correctional Services
DRF Disputes Resolution Foundation
FC Family Court
HEART/NTA National Training Agency
JCC Jamaica Council of Churches
JCF Jamaica Constabulary Force
JIS Jamaica Information Service
JJSRTF Jamaica Justice System Reform Task Force
PTA Parent Teachers Association
MNS Ministry of National Security
MOE Ministry of Education,
MOYSC Ministry of Youth, Sports and Culture
MOH Ministry of Health
MOH Ministry of Health/Child Guidance Clinic
MOJ Ministry of Justice
OPM Office of the Prime Minister
SDC Social Development Commission
UNICEF United Nation Children‟s Fund

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TABLE OF CONTENTS

Acknowledgements…………………………………………………………………………..…………..2
Acronyms………………………………………………………………………………………………….3
Executive
Summary…………………………………………………………………………………………………5
Background and Development of the National Plan of Action for Child Justice………..….................8

1 Policy and Legislative
Framework………………………………………………………….…….…………………………….9-13
1.1 The 1990 World Summit for Children
1.2 International Convention on the Rights of the Child
1.3 The Beijing Rules
1.4 The Riyadh Guidelines
1.5 National legislation-Child Care and Protection Act
1.6 Care and Protection

2 Overview of the National
Context……………………………………………………………………………………………….13-15
2.1 Demographic Characteristics
2.2 Employment Trends
2.3 Household Characteristics
2.4 Family Structure
2.4.1 Migration
2.4.2 Inappropriate Experiences

3 Strategic Objective for the Prevention of Child Delinquency…………………………………….15-16
3.1 Analysis of the causes of the problems
3.2 The Family
3.3 Education
3.4 Communities

4 The Improvement of Contact and Processing
………………………………………………………………………………………………………….17-20
4.1 Detention and options
4.2 Diversion
4.3 Children in the state‟s custody
4.4 Training of Law Enforcement Officials

5 Improvement of the Adjudication and Disposition of Cases……………………………………..21-25
5.1 The courts
5.2 Analysis of the system
5.3 The powers of the court-the child as the victim
5.4 The child as the offender
5.5 Restorative Justice

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6 Strategic Objectives for the Improvement of Residential Care………………………………….26-30
6.1 Children in need of care and protection
6.2 Children who have been charged with offences (Children in Conflict)
6.2.1 Child Rights Information
6.2.2 Education
6.2.3 Health

7 Rehabilitation and Reintegration into Society……………………………………………….…...30-31
7.1 The Prevention of Recidivism – Deterring Repeat Offenders

8 Strategic Objectives for the Promotion of Youth Participation and Empowerment………….31-33
8.1 Assessment of the Situation
9 Monitoring the Plan
…………………………………………………………………….……………………………………….33
10 Institutional Framework of the National Plan of Action on Child Justice ………………...…….34
11 Implementation…………………………………………………………………………….……….35-36
11.1 Interrelated Strategies for Implementation
11.2 Building Advocacy, Communication and Social Mobilization
11.3 Institutional Strengthening and Capacity Building
11.4 Interagency and Inter-sectoral Collaboration
11.5 Resource Mobilization
11.6 Increased Budgetary Allowance for Children
11.7 Acceleration of the Implementation of Government Plans and Decisions
11.8 Advocacy/ Public Education
12 Financing the National Plan of Action for Child Justice ……………………………..…………...37

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EXECUTIVE SUMMARY

The Child Justice Reform project was prompted by the concerns of the State about the protection and care of
our children as articulated by the various advocacy groups, social workers and caregivers. Concomitantly, the
increase in violence by children and against them caused significant concerns among the public and State
officials who noted the shocking nature of the randomness and unpredictability of criminal conduct involving
children throughout the country.

The number of children in need of care and protection has overwhelmed the social services and the judicial
system. The effectiveness of the treatment of children entering the justice system whether they seek the
protection of the law or are in conflict with the law called for urgent scrutiny, evaluation and a plan to effect
meaningful changes.

This Plan of Action, with its goal being to develop and sustain a justice system in which the best
interest of the child is paramount in the administration of the programmes to secure their protection
and in the maintenance of the rule of law, was developed following extensive consultations with the
general public, professionals, advocates and practitioners engaged in promoting children‟s rights and dealing
directly with those affected by having them in their charge, care or custody.

The strategic objectives focus on the child, from the prevention efforts to their entry into the justice system
and the subsequent adjudication and disposal of their cases.

Legislative initiatives consistent with international instruments and protocols and the country‟s pursuit of the
goals of the World Summit for Children Declaration 1990 are integral to the Plan. The legislative process,
intra-agency collaboration, training and public education will result in a system that seeks to balance the
child‟s accountability for delinquent behavior with the best and most appropriate services to help that child to
become a contributing member of the society.

The United Nations Committee on the Rights of the Child at its third (3rd) session in June, 2003 made the
following recommendations to Jamaica in response to program projects submitted by the Government and
Non-Governmental organizations pursuant to the Convention on the Rights of the Child (CRC).

The Committee recommended that the State Party, in the light of the Committee‟s day of discussion on
juvenile justice, develop mechanisms and provide adequate resources to ensure the full implementation of
juvenile justice standards, in particular Articles 37, 39 and 40 of the Convention, the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations
Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines). “In particular the Committee
recommends the State Parties to:-

(a) Establish an independent mechanism to monitor the situation for children in conflict with the
law, including monitoring the situation in juvenile detention centers, as well as monitoring
preventive-, recovery- and evaluation policies in this regard;

(b) Amend the legislation to ensure children are not sentenced to life imprisonment;

(c) Strengthen its opening efforts to educate and sensitize police personnel, judiciary personnel and
other staff within the justice system to the provisions of the Convention, especially concerning
the special needs of children deprived of their liberty to ensure that the rights of the child, inter
alia, to be separated from adults and to be treated in a manner consistent with the promotion of
the child‟s sense of dignity and worth, always are respected;

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(d) Take further measures to ensure the protection of detainees under the age of 18 from being kept,
or even long time placed, in police lockups in substandard conditions, inter alia, by improving
the living conditions for children on remand and encourage communication between the police
and children‟s officers responsible for the placement of detained children, as well as taking
further measures to introduce more alternatives to the institutionalization of juvenile offenders.
In this regard the Committee wishes to emphasize that article 37 (b) of the Convention requires
that detention shall be a measure of last resort and for the shortest possible period of time;

(e) Evaluate and improve the standards of the juvenile institutions, such as the Places of Safety,
including, inter alia, living conditions, programmes for reintegration and psychological recovery
and quality of the personnel;
(f) Seek assistance from inter alia, the Office of the High Commissioner for Human Rights, the
Centre for International Crime Prevention and UNICEF.”

{United Nations CRC/C/15/Add.210}

The Plan addresses the concerns raised in the Committee’s observation by devising strategies that
are workable and can effect meaningful improvement to the existing conditions.

The logical framework at Appendix 1 sets out the strategies, current status, next steps, timeframe, budger and
the lead and support agencies that will see to their coordination and implementation.

The institutional framework within which the plan must proceed is fully outlined. As soon as the Plan is
approved by Cabinet it is proposed that an inter-ministerial Committee should be appointed with
membership from the relevant Ministries. It must be coordinated by a senior officer within the Ministry of
Justice and should have responsibility for various aspects of the implementation and monitoring of the Plan.

The time frame for the full implementation of the Plan is five years. Matters are prioritized to range from
immediate (high priority) to long term objectives. Because the Plan calls for full implementation within five
(5) years, those strategies that are immediate would be implemented within the first year.

Long term objectives such as the establishment of Family Courts (nine (9) more) throughout the country
would clearly not be achievable in less than five (5) years, but given its high priority it is expected that work
would commence in year one (1) of the project cycle.

Background and Development of National Plan of Action for Child Justice

The Government's own commitment to the promotion and protection of children‟s rights has been
demonstrated by:

 Several legislative initiatives in furtherance of the aims and objectives of the Convention on
the Rights of the Child;

 Participation in Ministerial Meetings on Children and Social Policy in the Americas;

 The development of a National Policy on Children;

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 The restructuring of the Children’s Services into an Executive Agency (Child Development
Agency) and making youth and poverty a primary focus in 2000.

The Government of Jamaica (GOJ)/United Nations Children‟s Fund (UNICEF) Country Programme of
1993-2006, contributes to the actualization of the Convention on the Rights of the Child. This has been
pursued through programmes addressing legal and policy reform, promotion of protection rights, especially
for children and youth at risk and in difficult circumstances under two related projects, namely Promotion
Protection Rights of Children and Children and Teenagers at Risk. Under the former project, important
outputs so far have included support to the development and enactment of the Child Care and Protection
Act 2004, promotion of the CRC, training of the police, children's officers, prosecutors, judiciary and
Resident Magistrates on child rights issues and the establishment of Child Rights Support clubs in schools.
As an output of this project, a review of the Child Justice System was completed in 2001, to determine its
consistency with the CRC, the Beijing Rules and the Riyadh Guidelines, as well as the identification of key
issues and recommendations for modernization of the system.

Following this review, the need to mount a National Consultation on Child Justice to advance dialogue on
outstanding concerns as well as to plan for implementation became increasingly urgent. Consequently, a
National Consultation on Child Justice was held in August 2001, with the objectives:

 To increase awareness of Child Justice and its role in protecting the rights of children;

 To examine the current menu of legislation and identify any gaps on areas calling for reform;

 To evolve a National Plan of Action geared at enhancing the Child Justice System and
developing an agenda for reform.

The National Consultation on Child Justice was held at the Jamaica Conference Centre on August 16,
2001. It was attended by 193 persons from 45 State and non-governmental organizations.

A draft Plan of Action on Child Justice was prepared under the direction of a National Steering Committee
including representatives of the Planning Institute of Jamaica, the Ministries of Health, Justice and National
Security. The United Nations Children‟s Fund participated in the Committee‟s deliberations and provided
technical and financial support.

The original draft was considered in four consultations held island-wide. The current Plan is the final
outcome of the activities and deliberations.

The Ministry of Justice recognized that the activities under the 2006 - 2009 plan were not implemented in
2009. Therefore a Committee was established to update this document for Cabinet.

This final „Plan of Action‟ has been updated by the Coordinating and Monitoring Committee. This
Committee includes membership from the Ministry of Education, Ministry of National Security, Ministry of
Health, Planning Institute of Jamaica, Office of Children‟s Advocate, Child Development Agency,
HEART/NTA, Ministry of Youth Sports & Culture, Office of the Commissioner of Police, Jamaicans for
Justice, Social Development Commission, Department of Correctional Services, United Nations Children‟s
Fund, CISOCA.

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1 POLICY AND LEGISLATIVE FRAMEWORK

1.1 The 1990 World Summit for Children

In September 1990, the first World Summit for Children (WSC) was held at the United Nations
Headquarters. At this historic event, 71 Heads of State and Government agreed to accept the mandate of the
Summit which states:

"Each country (will) re-examine, in the context of its national plans, programmes and policies, how it might accord higher
priority to programmes for the well being of children ..."

Jamaica was represented at the Summit by the Minister of Youth and Community Development and in March
1991, was added to the list of countries to have signed the World Summit Declaration document.

In signing the Declaration, each participating country agreed to outline and achieve a number of goals by the
year 2000 that would dramatically improve the situation of children and women within its borders. The goals
outlined at the World Summit were formulated through extensive consultation in various international
forums attended by virtually all Governments and relevant United Nations agencies. The goals which are
largely related to children and women in the areas of health and education have had a long-standing history of
internationally accepted priorities.

All participating governments were urged to prepare, before the end of 1991, National Plans of Action.
Although not achieving the target date in the majority of cases, by December, 1995, 102 countries worldwide
had prepared National Plans of Action for Children, including most countries in Latin America and the
Caribbean. In the majority of countries, a permanent commission has now been established to ensure the
implementation of the Plan with special units designated to monitor the indicators. Cabinet Ministers are to
play an integral role in the monitoring and evaluation of the progress and in facilitating the implementation of
the National Plan.

In April 1994, the United Nations facilitated a hemispheric Mid-Decade Review referred to as "AGENDA
2000: CHILDREN NOW" in which Jamaica participated. The purpose of the meeting held in Bogotá,
Colombia, was to assess the progress being made with respect to country-specific Mid-Decade goals which
were drafted as interim goals towards achievement of the year 2000 goals. At this Mid-Decade Review, all
participating governments signed a declaration called the "NARINO DECLARATION" where consensus
was achieved on practical actions to increase social expenditure for children and families.1

1
. The Five Year Plan of Action, 1996-2000, p.5

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1.2 International Convention on the Rights of the Child

The International Convention on the Rights of the Child was adopted by the General Assembly of the United
Nations on the 20th November, 1989 and ratified by Jamaica on the 14th May, 1991.

1.2.1 It provides a framework of principles which recognizes the child‟s status as a human being with
rights and calls upon every State which ratifies the Convention to respect and ensure the rights set
forth in the Convention to each child within its jurisdiction "without discrimination of any kind
irrespective of status, activities, expressed opinions, or beliefs of the child's parents, legal guardians or
family members."2

1.2.2 The Convention goes on to outline how these rights should be secured (Article 4) and to detail the
rights in defined categories: Family Environment and Alternative Care, Basic Health and Welfare,
Education, Leisure and Cultural Activities and Special Protection Measures, and to identify groups of
children who may need special protection (Articles 37, 39 and 40).

1.2.3 The Convention established a monitoring mechanism through the National Committee on the Rights
of the Child, (Article 44) wherein:

1. States Parties undertake to submit to the Committee, through the Secretary-
General of the United Nations, reports on the measures they have adopted which
give effect to the rights recognized herein and on the progress made on the
enjoyment of those rights:

(a) Within two years of the entry into force of the Convention for the State
Party concerned;

(b) Thereafter every five years.

2. Reports made und
er the present article shall indicate factors and difficulties, if any, affecting the degree of fulfillment of the
obligations under the present Convention. Reports shall also contain sufficient
information to provide the Committee with a comprehensive understanding of the
implementation of the Convention in the country concerned.

3. A State Party which has submitted a comprehensive initial report to the Committee
need not, in its subsequent reports submitted in accordance with paragraph 1(b) of
the present article, repeat basic information previously provided.

4. The Committee may request from States Parties further information
relevant to the implementation of the Convention.

5. The Committee shall submit to the General Assembly, through the Economic and
Social Council, every two years, reports on its activities.

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4 Convention on the Rights of the Child, Article 2

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6. States Parties shall make their reports widely available to the public in their own
countries.

1.2.4 It ends by recognizing the sovereign right of State Parties to propose amendments
(Article 50), and make denunciation of the Convention (Article 52) thus:

i. Any State Party may propose an amendment and file it with the Secretary-General
of the United Nations. The Secretary-General shall thereupon communicate the
proposed amendment to States Parties, with a request that they indicate whether
they favor a conference of States Parties for the purpose of considering and voting
upon the proposals. In the event that, within four months from the date of such
communication, at least one third of the States Parties favor such a conference, the
Secretary-General shall convene the conference under the auspices of the United
Nations.

Any amendment adopted by a majority of States Parties present and voting at the
conference shall be submitted to General Assembly for approval.

ii. An amendment adopted in accordance with paragraph 1 of the present Article shall
enter into force when it has been approved by the General Assembly of the United
Nations and accepted by a two-thirds majority of States Parties.

iii. When an amendment enters into force, it shall be binding on those States Parties
which have accepted it, other States Parties still being bound by the provisions
of the present Convention and any earlier amendments which they have accepted.

1.3 The Beijing Rules

The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules)
were adopted by the General Assembly of the United Nations on the 29th November, 1985.

Although the date of adoption is not coincidental with that of the Convention, the two working documents
reflect the same thinking. Where the Convention outlines principles and concepts, the Beijing Rules speak to
implementation of those principles:

They provide guidance for the fair and humane treatment of children; the use of relevant community based
diversion mechanisms; institutionalization as a last recourse and, when necessary, using rights-based
standards; and the role of research, planning and evaluations. The Rules give details of procedure during
every stage of a child's contact with the legal system: Investigation and Prosecution, Adjudication and
Disposal, Institutional and Non-Institutional Treatment.

1.4 The Riyadh Guidelines

The United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) were
adopted by the General Assembly of the United Nations on the 14th December, 1990.

1.4.1 The Preamble recites the Convention on the Rights of the Child and the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules).

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1.4.2 Three elements within the Guidelines are important: they are comprehensive in their
treatment of key environments that affect child delinquency; they promote a proactive
approach to prevention; and they consider children to be full-fledged participants in the
society.3

1.4.3 The Riyadh Guidelines complete the triptych of international instruments that address the
protection of children who come in contact with the law.

1.5 National Legislation – Child Care and Protection Act

On the 25th March, 2004 the Child Care and Protection Act came into force. It enshrined the cardinal
principle that the best interests of a child are of paramount consideration in the administration of the laws
relating to children.

The objects of the Acts are:

(a) to promote the best interests, safety and well being of children;

(b) to recognize that –
(i) while parents often need help in caring for children, help should give support to the
autonomy and integrity of the family unit and wherever possible, be provided on the
basis of mutual consent;
(ii) the least restrictive or disruptive course of action that is available and appropriate in
a particular case to help a child should be followed;

(c) to recognize that child services should be provided in a manner that –
(i) respects the child‟s need for continuity of care and for stable family relationship; and
(ii) takes into account physical and mental differences among children in their
development;

(d) to recognize the special needs of children in conflict with the law. In so far as the
treatment of children who find themselves in conflict with the law is concerned, the
following principles are to guide functionaries in the justice system.

(a) the Child Justice System is intended to:
(i) prevent crime by focusing and dealing with the circumstances surrounding a child‟s
misconducts;
(ii) rehabilitate children who commit offences and have been subject to
punitive/correctional orders and reintegrate them into society;
(iii) provide timely intervention that reinforces the link between offending behavior and
its consequences;
(iv) promote long term protection and safety of the public.

3
Presentation by Laila Ismail-Khan, Representative, UNICEF Jamaica at the National Consultation on Juvenile Justice at the Jamaica
Conference Centre, 16th August, 2001

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1.6 Care and Protection

The Child Justice System is to a large extent concerned with care and protection issues particularly in
respect of children who seek the protection of the law.

Children found abandoned or neglected, victims of abuse, trafficking and child labor are often taken
before the courts as being in need of care and protection. At that critical stage, the order of the court
is the single most significant factor determining the fate of the child.

The State has to make appropriate responses to:

(a) the street children phenomenon
(b) children living with Human Immune Deficiency Virus/ Acquired Immune
Deficiency Syndrome (HIV/AIDS)
(c) the growing number of children with disabilities.

2 OVERVIEW OF THE NATIONAL CONTEXT

2.1 Demographic Characteristics

It is recorded that Jamaica had a population of 2,641,600 in 2003 as against 2,388,000 in 1991. During the
decade, there has been a reduction in growth of the young population (under 19) and an increase in growth of
the older population (60+). In 2001, the number of persons under 19 years old stood at 1,049,000 or 40% of
the total population, as against 1,074,000 or 44.7% of the population in 1991. This situation has been
influenced by the fact that Jamaica‟s mortality rate has declined over several years due to the improvement in
health care, and the birth rate has declined due to the impact of the Government‟s Family Planning
Programme. The highest proportion of children (0-14) was recorded for Rural Areas, while the lowest was
recorded in the Kingston Metropolitan Area, yet the largest proportion of the population has been recorded
for the Kingston Metropolitan Area.

2.2 Employment Trends

This Chapter records only employment data as they relate to women and youths, which are particularly
relevant to this National Plan of Action for Child Justice. While there was an overall increase in employment
in 2001, the youths (14-24) did not benefit from the increase. The employment of youths, which was 19.2%
in 2000, went down to 18.1% in 2001.

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This was a continuation of a trend since 1997. Female youths benefited even less than male youths who
accounted for 64.1% of the persons within the youth group. 4 Historically, more men are employed than
women and this trend continues.

2.3 Household Characteristics

The overall standard of living has improved over the last ten years. In 1993, only 9% of the poorest
households had piped drinking water as against 65.9% in 2001.

In 1993, 26% of the poorest households had electricity as against 68.5% in 2001, while in 1993, 84.2% of the
richest households had electricity as against 94.4% in 2001.

Average per capita consumption has risen from $8,797 in 2000 to $9,550 in 2001. These apparent gains have
been almost negated by the fact that, according to the Survey of Living Conditions, 2001, Non-Food
consumption in the highest one-fifth of the population is fifty times higher than that in the lowest.

There are other indicators. While the average household size has shrunken in the last decade, the households
headed by women (44.7%) are larger than those headed by men and tend to include a larger number of
children and adult women.

2.4 Family Structure

Jamaican family structure is characterized by a variety of relationships, many of which do not offer stability to
the children of the union. Children are born into legal marriages, common-law residential unions, visiting and
casual unions, in which the parents do not necessarily remain together at all, or after the birth of one or
several children. Because of this, children are often brought up in circumstances where one or both parents
are absent from the home. This background accounts for a number of phenomena which add to the
destabilization of the unit in which the child is reared, and what has been called “the creation of dysfunctional
families.” 5

2.4.1 Migration

The societal norm of a female headed household has created a strong, independent woman who often seeks
ways and means to augment her income which, even if she is employed, cannot support her child or children,
especially as the transient presence of her partner in the home forces her to take another partner or to
maximize her earning capacity by migration. She often leaves her child with a grandmother, aunt or other
relative. The foster family may have its own problems and although the child‟s financial security may be
improved by this arrangement, his sense of emotional security may well be eroded.

4
ESSJ of Jamaica 2001, p.21.4
5
Report, National Consultation on Juvenile Justice, p.7

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2.4.2 Inappropriate Experiences

Against the background of different or multiple partners, the child may well be subjected to abuse by “step-
parents”. This has contributed to the very high incidence of teenage pregnancies, which repeat the cycle of
dysfunctional families.

The proportionately high number of female-headed households and the consequent lack of a male role model
in the home have probably contributed to the formation of child gangs, many of whose members end up
before the Courts.

3 STRATEGIC OBJECTIVE FOR THE PREVENTION OF CHILD DELINQUENCY

3.1 Analysis of the Causes of the problems

The Riyadh Guidelines identified the family, education and the community as factors in the socialization
process which contributes to the prevention of delinquency in children. This section will examine the
Jamaican child in the context of these three headings and assess the support which is available to him in his
formative years.

3.2 The Family

The working group in the National Consultation on Child Justice describes “the creation of dysfunctional
families due to migration of parents leaving children either to manage on their own or with irresponsible
adults. Usually there is a breakdown in the substitute family, which was created upon the migration of
parents”. The problems of the type of family described above are often multiplied by factors such as poverty,
large family size and unemployment.

Majority of young parents are not adequately equipped with parenting skills. Teenage mothers have had to
balance demands of rearing a child with their own efforts towards the path of upward social mobility through
education and employment.

3.3 Education

Facilities for education have improved over the last decade. In the 17-18 age group students are enrolled in
the upper grades of the school system (Grades 10-13) tertiary level institutions, non-formal training
programmes and private institutions. For the past three years enrolment has been increasing, with 48.3%
enrolled in 2001. However, the trend has continued for the children from the poorest homes to find it
difficult to benefit from it. Data showed that enrolment was 21.7% for the poorest and 71.9% for the

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wealthiest. (Survey of Living Conditions 2004) While Government does provide a safety net by giving
assistance on request to parents who cannot afford any payment at all, such parents often refuse through
pride to take advantage of the facility.

The introduction of social protection programmes such as National Poverty Eradication Programme,
Secondary School Fee Assistance Programme and Programme of Advancement through Health and
Education (PATH) significantly improved the living conditions of the poor and make access to educational
facilities considerably less difficult.

3.4 Communities

Communities have lost focus and cohesion because of a number of factors such as migration to urban areas
and foreign countries, in the quest for employment. The children of such parents are often left with elderly
relatives and the generation age gap creates a sense of alienation in the child, even though he may be left with
a caring relative. Separation from parents has been identified as a strong contributing factor to child
delinquency. In a comparative study of delinquent and non delinquent adolescents, it was shown that in the
delinquent group there was a preponderance of absent mothers (86%), while in the non-delinquent group, the
figure represented only 13%. 6

A great deal of effort is being made to improve community cohesion through the Parish Development
Committees under the Local Government Reform and the Inner City Renewal Programme. It is imperative
that emphasis should be placed on creating measures to support the family unit and the community. Some
facilities exist: the Coalition for Better Parenting, a voluntary group housed within the Ministry of Education
and Culture and PALS (Peace and Love in Schools), a non-governmental organization supported by the
Community Component of a Canadian Project, Social Conflict and Legal Reform, which is designed to
improve the ability of Jamaicans to resolve disputes more amicably.

The Dispute Resolution Foundation, a State supported entity, churches and NGOs also offer mediation
services in limited areas to parents, but it is necessary for Government to launch an aggressive programme
island wide to support and educate parents and communities.

3.5 Objective

Strategies are designed to provide support to families and communities and to reduce the number of children
coming into conflict with the law. The aim ultimately must be to enhance the ability of the nation‟s children
to live responsibly and productively in their communities and at the same time, as a necessary corollary,
emphasize public safety and accountability on the part of the child offender.

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4 THE IMPROVEMENT OF CONTACT AND PROCESSING

4.1 Detention and Options

A child who is charged with an offence undergoes a fairly lengthy process before his case is considered and
dispensed with by the Court. This section describes this process in some detail.

Detention and Bail

The police, in the main, represent the first point of contact of the child with the law. A Constable who
detains him for committing an offence should endeavor to contact his family with a view to granting bail.
The relevant provisions in the law are quoted here for the sake of emphasis.

Section 67 (1) Where a person who is apparently a child is apprehended, with or without warrant, and cannot
be brought forthwith before a court, the office or sub-officer of police in charge of the police station to
which the person is brought shall act in accordance with subsection (2).

(2) The Officer or sub-officer shall –

(a) so inform the government agency responsible for the care and protection of children; and
(b) enquire into the case and may, in accordance with the Bail Act, release the person on a
recognizance being entered into by the person or his parent or guardian (with or without
sureties) for such amount as will, in the opinion of the offender or sub-officer, secure the
person‟s attendance upon the hearing of the charge, and shall so release that person unless

(i)the charge is one of murder or other grave crime; or

(ii) it is necessary in the person‟s interest to remove the person from association
with any reputed criminal or prostitute; or

(iii) the officer or sub-officer has reason to believe that the person‟s release would
defeat the ends of justice

Where a person apparently a child is apprehended and is not released under subsection (2), the agency
responsible for the care and protection of children shall cause the person to be detained in a juvenile remand
centre until the person can be brought before a court.

All these arrangements, and the follow-up to ensure the child‟s court appearance, are the responsibility of the
personnel from the police station at which the child was initially detained. This procedure has been laid out
in detail in the A-Z Manual, a booklet prepared by the Children Advisory Council in consultation with
officials of the Children‟s Services Division, now Child Development Agency (CDA) and the Ministry of
National Security and Justice (including the Jamaica Constabulary Force and the Correctional Services).

This initial contact with the justice system does not involve early assessment by a professional trained in child
psychology or related discipline which would assist in the screening and placement of the child in the most
suitable environment.

17

This is the formal procedure and it is observed before a final decision is made to prefer a charge and
eventually take the child before the court. However, every effort should be made to avoid that outcome,
involving the time-consuming process we have described and the inevitable trauma which a child must
experience in being removed from home. As an alternative, a child in breach of the law, save in the case of a
major crime, can be placed with a relative or a foster parent until arrangements can be made for his
appearance in court. In addition, some parishes have established informal diversion committees which are
designed to keep (or “divert) children who are accused of minor offences from the criminal justice system.
The child meets with the Committee and is encouraged in an informal atmosphere to outline his difficulties,
particularly those which may have contributed to his alleged wrongdoing. Members of the Committee seek to
address his problems in consultation with the child and his family. 7

4.2 Diversion

Legislation is necessary to give authority to the Police and other law enforcement agencies to deal with child
offenders by means other than prosecution and arrest in some clearly defined circumstances.

The Convention of the Rights of the Child enjoins State Parties to the Convention to develop alternative
non-custodial programmes as sanctions for adolescent offences.

“Socio – educational sentences” discourage anti-social attitudes and behavior and provides opportunities for
the offender to identify their strengths and weaknesses and work with care givers to change the course of
their lives.

Diversion as a tool of restorative justice is used primarily to put the child offender on a path away from the
criminal justice system and its attendant negative features.

A police officer who has first contact with the child should be responsible for taking the decision to place
him before the diversion committee. The Committee could have scheduled meetings or meet on an ad hoc
basis in response to case load demand.

If the complainant is a child, permission should be sought from his parents or guardian. So too, must the
consent of the offender‟s parent or guardian be obtained before a reference can be made to the diversion
committee.

For the approach to be useful the offender must admit to wrongdoing and the victim must agree to the
process.

Decisions reached can include mediation or counseling for offender and the punishment (sentencing) could
be a Final Warning (Caution) by the police officer, who should undertake ongoing supervision. A Reparation
Order for the child to make amends, in cash, kind or services or a Supervision Order would become options
available to a court in appropriate cases.

Finally, one outcome of the diversion proceeding is that the Committee could decide to offer support to the
family of the offender in ensuring that the decisions are implemented.

These diversion committees are a classic example of the principles of Restorative Justice. If the child does
not fulfill the conditions placed by the committee, the option remains for the police officer who had first

7
Report to the UN on the CRC, 1998, p.87

18

contact with him, to take him before the court. If this course is taken the law requires that the child should
be brought before the court at the earliest opportunity. The police officer has the responsibility to warn his
parent or guardian, if he can be found, to attend court and should also inform the Probation Officer of the
grounds on which the child will be brought before the court and the date and time of his appearance. This
will enable the Probation Officer to investigate the child‟s surroundings and prepare a social enquiry report,
which he will present to the court on the day of the child‟s appearance.

The suggested composition of a diversion committee is as follows:

 Justice of the Peace
 Probation Officer
 Children's Officer
 Minister of Religion
 School Guidance Counselors
 A person under the age of twenty one years

4.3 Children in the State’s Custody

The relationship between the police and civilians has always been the subject of debate and analysis aimed at
effecting improvement. Complaints are often leveled against the police by children of abuse while in
detention, even on mere suspicion of having broken the law. The Child Care and Protection Act provides
several options for dealing with such a child: the most desirable option is that he can be taken before the
Court forthwith. If this is not possible, he can be released on bail on his own recognizance or on that of his
parent or guardian (with or without sureties) for such an amount as will secure his attendance to Court. The
law requires that the child‟s parent or guardian should be contacted. If such a person cannot be found, he
should be detained in a place of safety until he can be brought before a Court.

The law does not permit a child to be held in a police station. Yet for many years there have been sporadic
public outcries against the practice of holding children in police lockups for long periods. The police have
justified this practice on the grounds that transportation was unavailable to transfer the child to a place of
safety or remand centre, that these centers were full or that the parent or guardian could not be found. But
there have also been credible reports of children being abused both physically and sexually while in police
custody.

There is need for ongoing training of police officers to continually upgrade their level of performance in the
interaction with children.

It is sometimes necessary for the child charged with an offence to return to court once or several times. This
is often caused by the fact that the social enquiry report is not ready due to problems such as difficulty in
finding parents and their refusal or inability to communicate necessary information. If this happens, the child
is often remanded in custody, and it is again the responsibility of the police officer to escort him to the
remand centre. In keeping with the terms of the Convention (Article 40), which dictate that institutional
placement should be avoided whenever possible; efforts must be made to avoid this further confinement as
far as possible.

Children brought to the court as being in need of care and protection may not have had the police as their
first point of contact. Any Probation and After Care Officer, Children Officer or any person specially

19

appointed by the Minister, for that purpose, may institute proceedings in respect of a child in need of care
and protection.

The Children Registry to be established under the Child Care and Protection Act together with the Office of
the Children‟s Advocate are critical institutional mechanisms to address survival and protection issues and
should auger well in promoting the desirable policy of separating criminal law matters from those concerned
with child protection.

Consideration must be given to the following matters when contact is made with the child seeking the
protection of the law:

1. A child has a right to live with his or her parents unless it is deemed to be incompatible with the
child‟s best interest.

2. The child must be appropriately placed in a Place of Safety pending assessment and removal to
children‟s institution or foster homes.

3. Efforts must be made to reduce the institutionalization of children in favor of foster homes and
adoption, always giving paramount consideration to the best interests of the child.

4.4 Training of Law Enforcement Officials

The Beijing Rules suggests that “Professional education, in-service training, refresher courses and other
appropriate modes of instruction shall be utilized to establish and maintain the necessary professional
competence of all personnel dealing with children‟s cases.”

In 1997 the Justice Training Institute was established with a Magistrate as the Director/Principal to offer
courses for persons who work in the justice system. Both local and overseas training was provided through
seminars, workshops and attendance at conferences. Six hundred and ninety-five persons were trained
locally and eleven persons were sent abroad to attend judicial and other conferences.

These activities were initially made possible through a USAID/GOJ – Sustainable Justice Reform Project
from August, 1992 - December, 1996. Further activities were supported by Canadian International
Development Agency, Department for International Development (Britain) and the Government of Jamaica.

The Institute is equipped to offer courses on children‟s rights to the police, military, correctional officers and
other agencies concerned with children.

Some agencies can conduct in-house training in order to reduce cost that would be incurred for traveling to
the Corporate Area locations for instructions.

Strategies are outlined to improve the quality of service to children who come in contact with the justice
system and to improve the level of performance of professionals who by the nature of their duties have to
deal with children.

20

5 IMPROVEMENT OF THE ADJUDICATION AND DISPOSITION OF CASES

5.1 The Courts

Specialized Courts to deal with Children in conflict with the law have been an integral part of the criminal
justice system. Two courts exercising concurrent jurisdiction – The Family Court and the Children‟s Court
have been in existence since 1975. The Children Court, has jurisdiction in all matters concerning children;
while the Family Court, has jurisdiction in all matters concerning the family and children except matrimonial
causes. In addition, it includes services to the family not provided in the Children‟s Court.

The Children’s Court

The Children‟s Court does not have the structured support services to be found in the Family Court. The
staff of the Children‟s Court are members of the staff of the Resident Magistrate‟s Court for the parish in
which the court sits.

The Chairman of the Court is a Resident Magistrate who travels the court circuit, sitting once per month, in
each parish.

The infrequent sitting of the court results in children being kept in custody for too long before their cases are
disposed of. The police and social workers who serve the courts experience difficulties carrying out
investigations into the child‟s antecedents because he is usually remanded in one of the Places of Safety or the
Remand Centre in another parish.

These are only some of the reasons that led to the establishment of the Family Court.

Another problem is the physical location of the Children‟s Court. Section 71 (5) of the Child Care and
Protection Act provides that:

“A children‟s court shall sit in such place or places as may from time to time be specific
under paragraph 3 of the Third Schedule as the place or places in which such court shall sit”.

The Minister of Justice is required to designate suitable locations within the parish for sittings of the
Children‟s Court to be held and Section 71 (6) provides that where no place is specified under paragraph 3 of
the Second Schedule as the place in which a children court shall sit, the children court shall sit either in a
different building or room from that in which sittings of courts other than children courts are held, or on
different days or at different times from those on which sittings of such other courts are held.

The Family Court

Against this background, and in response to advocacy from social workers and other persons, the Kingston
and St. Andrew Family Court was established in 1975. It has jurisdiction in matters arising
under the following statutes:

The Child Care and Protection Act
The Adoption Act
The Children‟s Custody and Guardianship Act

21

The Maintenance Act
The Affiliation Act
The Maintenance (Facilities for Enforcement) Act
The Married Woman‟s Property Act
The Domestic Violence Act

The court is structured to include a cadre of social workers; Intake and Family Counselors, Probation and
Children‟s Officers, an Adoption Officer and a Nurse. There is also a police unit headed by a Sergeant of
Police. The court is located in a building separate from the regular criminal court.

The Kingston and St. Andrew Family Court was intended as a pilot project, to be replicated island wide,
dependent on its success, and the Judicature (Family Court) Act was structured to facilitate such extensions.
In 1978 a Family Court was established in Montego Bay, with a sub-court in Lucea and Jurisdiction for St.
James and Hanover. In 1996, the system was expanded with the establishment of a Family Court in
Westmoreland, with jurisdiction for that parish.

In the parishes where the Family Court is established, the Children‟s Court ceases to exist and its work is
carried out by the Family Court.

5.2 Analysis of the System

Despite strong lobbying by several interested groups, no further expansion of the Family Court System has
been undertaken since 1996. The parishes of Kingston and St. Andrew, St. James, Hanover and
Westmoreland are served by the Family Court, while the Children‟s Court in its original form, continues to
serve the other parishes.

The result of this situation was that persons in parishes not served by the Family Court system clandestinely
assumed places of abode in Kingston and St. Andrew for the purpose of accessing the court. This practice
has continued and has resulted in a serious overburdening of the Kingston and St. Andrew staff and services.
A Standing Committee of Parliament in 1999 recommended that the Family Court be established in all
parishes. This recommendation was also echoed by the Jamaica Justice System Reform Task Force in its
2007 Report on Justice Reform.

Table 1 below illustrates the nature of cases dealt with in the Family Court and the proportion of
children in conflict with the law brought to court in comparison with the other non-criminal cases.

Table 1: Cases held in the child section of the Family Court, Kingston

Year 2008 2009 2010 2011*
Sex M F M F M F M F
Criminal 2,082 687 4,120 759 4,510 1,225 1,289 190
Care and Protection 955 740 1,130 1,487 262 555 212 248
Maintenance 2,309 1,778 2,539 2,513 224 12,015 1,031 1,136
Declaration of 181 113 245 209 269 230 112 103
Paternity
Custody 467 340 600 590 1,107 748 210 189
Adoption 21 18 32 37 16 18 8 5
Domestic Violence 258 399 126 796 254 1,489 68 303
Married Women 0 0 0 0 329 838 0 0
Total 6,273 4,075 8,792 6,391 6,971 17,118 2,930 2,174

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The Family Court-Kingston and St. Andrew, YEAR *to Quarter ending March 31
The work of the court continues to show significant increase in the number of cases filed. See Table below.

Table 2: Cases heard in the Family Court, Kingston /St. Andrew, 2010

NATURE OF CASE NUMBER OF CASES NUMBER OF CASES
FILED* DISPOSED OF
Preliminary Examinations/Committal
Proceedings 165 38
Indictment 298 109
Summary Offences 600 521
Petty Sessions 153 135
Care & Protection Proceedings 736 543
Declaration of Paternity 337 321
Maintenance 4,540 3,593
Custody 987 643
Married Women Property Act 0 0
Adoption 60 43
Plaint 0 0
Domestic Violence 4,097 764
Total 11,973 6,710
*including matters brought forward.

In parishes where the Family Court does not exist, cases that would fall within that Courts‟ jurisdiction are
heard by the Resident Magistrate‟s Court and the Children‟s Court. So for example, in 2003 the number of
cases ranging from maintenance, affiliation to adoption and domestic violence heard in the Resident
Magistrate‟s Court in parishes were as follows. Those heard in the Children (Juvenile) Courts are also listed.

Resident Magistrate’s Court Children (Juvenile) Courts
Clarendon 2,176 157
St. Ann 2,352 185
St. Elizabeth 1,455 24
St. Mary 911 70
St. Thomas 374 58
Manchester 1,311 123
Portland 248 62
Trelawny 586 82
St. Catherine Figures not available Records destroyed in fire.

Litigants and children in these parishes are deprived of access to a court designed to protect privacy and
identify persons whether as victims, offenders or persons merely seeking the protection of the law.

23

5.3 The Powers of the Court – the child as the victim

Children below the age of sixteen (16) years were in the majority as victims of sexual offences in the year
2003. Some Eight Hundred and Forty-Six (846) children were victims of carnal abuse and rape. In the age
groups 16-30 rape victims numbered Two Hundred and Eighty-Two.

The Child Care and Protection Act provides for the hearing of cases in the absence of the child.
Furthermore, a child who is certified by a medical practitioner to be too ill to travel and gives evidence in
court and that the child‟s attendance “would involve serious danger to the life or health of the child” a Justice
of the Peace may take a deposition from the child which will be admissible in evidence at the trial of the case
in which the child would have testified.

There is a greater problem however, of getting the evidence of the vulnerable or intimidated witness to secure
convictions. Children who have been the victim of abuse or who witness serious crimes are in many cases
unwilling to attend court and testify.

It is necessary to take steps to afford protection to children whenever they appear as witnesses or victims in
the criminal courts. This has been an area of major focus in legislative reform and judicial innovation in some
Commonwealth jurisdictions. In Canada, for example, the Criminal Code permits a witness less than
eighteen years to testify from outside the court room or behind a screen so as to prevent the witness from
seeing the accused person. The use of video recordings or video link subject to court approved conditions is
now accepted as testimonial support for the young, vulnerable and in some cases intimidated witness.

5.4 The Child as the Offender

Section 76 of the Child Care and Protection Act empowers the Court to make orders ranging from placing
the child under the supervision of a probation and after care officer, to committing the child to a juvenile
correctional centre.

A corrections order may result in the child being incarcerated until he attains the age of eighteen (18) years
and there is provision for him to be further incarcerated in an Adult Correctional Centre where the Minister
is satisfied that he is “of so recalcitrant a character that it not expedient that he should continue being
detained in a juvenile correctional centre”.

With the age of eighteen (18) years being the new ceiling, children who would have been tried in the adult
court are now to be dealt with in accordance with the Child Care and Protection Act. Children above the age
of fourteen (14) years who are convicted of firearm offences are dealt with in accordance with the Gun Court
Act and the Criminal Justice Reform Act.

It is necessary to have corrections orders of fixed duration. A matrix for “sentencing” offenders over
fourteen (14) years is to be implemented in order that the child‟s period of incarceration and after care
treatment reflect his age of incarceration and after care treatment reflect his age, antecedent, the gravity of the
offence, his conduct during incarceration and other relevant considerations that are in his best interests.

24

Children who are found to be abusing drugs should be subject to a regime of diversion, treatment and
rehabilitation as exists under the Drug Court (Treatment and Rehabilitation of Offenders) Act.

Provisions should also be made in legislation for the Children and Family Court to make Attendance Centre
Orders that can only now be made in respect of persons over the age of seventeen (17) years. The Order
should be available as an option in respect of children who are above the age of sixteen (16) years.

The Courts should resort to incarceration only where no other suitable “sentencing” option is available.

In addition to those options now available the following are recommended for inclusion in legislation.

5.5 Restorative Justice

Restorative Justice is a philosophical framework which has been evolving mainly in North America, New
Zealand and Australia as an alternative to the current way of thinking about crime and criminal justice. The
current system, in which crime is considered an act against the State, works on a premise that largely ignores
the victim and the community that are hurt most by the crime. It is punitive of the offender rather than
rehabilitative of the victim and community. Restorative justice is a new and alternative concept in punishment
according to which only violent criminals would be imprisoned, while non- violent offenders could for
example, work in closely monitored community projects, earning money with which to make financial
restitution to their victims and support their own families.

The concept of restorative justice is consistent with the aims of the National Plan of Action for Child Justice
which emphasizes the importance of the family and the community in the life of the young offender.

Victim Offender Mediation is one type of restorative justice process. It provides the victim and the
offender with the opportunity to meet each other in a safe and structured environment and discuss the crime
with the assistance of a trained mediator. The goals of the mediation are to encourage the victim and the
offender to tell their side of the story surrounding the crime, for the offender to learn about the impact of the
actions and take responsibility for the harm he has caused. The victim and the offender then work together
on an agreement that will represent what reparation is acceptable to the victim.

 The child could also be required to undergo counseling, psychotherapy or any other treatment
programme to resolve any behavioral disorders or relationship problems between the child and
other persons.

 Sentencing/Punishment of the offender - The present child justice system deals with youth crime
by punishing the offender. Restorative Justice recognizes that imposing a sentence is not sufficient
to resolve the matter or address the needs of the victim, offender or the community. The restorative
approach provides greater flexibility in the sentencing options available to the court, with emphasis
being on diversion and not incarceration of the offender.

 A Reparation Order for the child to make amends to the victim. This can be done by rendering
services to the victim or another form of compensation.

 A Community Service Order, this is now available under the Criminal Justice (Reform) Act for
persons between the ages of 17-23. Consideration should be given to the extension of its application
to offenders between the ages of 16 -23.

25

6 STRATEGIC OBJECTIVES FOR THE IMPROVEMENT OF RESIDENTIAL
INSTITUTIONS

The Child Care and Protection Act provides protection for two categories of children:

6.1 Children in Need of Care or Protection

These include children who are abused, neglected or abandoned. Any constable, probation officer or
children‟s officer has the authority to bring such a child before the court. Until this is done, he must take the
child to a place of safety and arrange for a court appearance at the “earliest practicable opportunity” 8

If no fit person can be found, the child is placed in a children‟s home. The court has the authority to commit
the child to the care of any fit person, whether a relative or not, who is willing to undertake his care, to
require his parent or guardian to enter into a recognizance to exercise proper care and guardianship, or to
place him, for a specified period not exceeding three years, under the supervision of either a probation or
children‟s officer.

Sixty percent of children admitted to Children‟s Homes are committed to these institutions pursuant to a fit
person order. The referrals to the courts are made by children‟s officers, police or parents and care givers.
Other children are orphans or have been abandoned or rejected.

The Places of Safety and Children‟s Homes are the administrative responsibility of the Ministry of Health.
Eight Places of Safety and six Children‟s Homes are owned by Government and four Places of Safety
managed by private persons or organizations. However, all the Places of Safety and Children‟s Homes are
supervised by the CDA and must satisfy certain standards before they can be licensed to operate.

These institutions have accommodation for about 1876 children. Of these, there are twice as many males as
females. 59% are between 12-17 years and 10% are 5 years and under. 9

In 1999 the Ministry of Health commissioned a survey of Children‟s Homes by a team of researchers, one
British and two Jamaicans of each sex and supported by National Children‟s Homes (U.K.) and UNICEF,
Jamaica. Some twenty-five Homes were assessed by field visits, an examination of records and interviews
with staff and children.

In 2002 the Government commissioned a review of all Children Homes and Places of Safety in the island.
The Terms of Reference of the Review Committee were as follows:

 Assess the procedures for intake evaluation and placement of children in care and make
recommendations for improvement

8
Consultant’s Report 2000

26

 Determine the support systems necessary to address behavioral problems exhibited by
children in care

 Ascertain the functionality of the children’s homes in Jamaica, determined by factors such as
staff-child ratio, level of education accessed, environmental conditions and prepare for final
separation from care

 Evaluate the effectiveness of the monitoring procedures that will ensure that standards of
care and children’s complaints are addressed

 Review the structure proposed for the CDA to determine the congruence between structure
and desired improvements in care

 Determine any other steps to be undertaken by the State to ensure the safety and well being
of children in its care.

The result of that review is contained in a comprehensive report in the name (The Keating Report) of the
Chairman of the Review Committee Mrs. Sadie Keating and was considered in preparing this Plan of Action.

6.2 Children who have been charged with offences (Children in Conflict)

A member of the Jamaica Constabulary Force has the authority to take before the court a child who is alleged
to have committed an offence. Under the Corrections Act, every correctional officer has the powers,
authority, and privileges of a constable for the purpose of his duty as a corrections officer. The child should
be brought “forthwith” 10 before a court. If this is not possible he can be offered bail. Failing these
conditions he can be detained in a Place of Safety.

The court has the authority, where a child has been found guilty of an offence, to make a probation order and
place him under the supervision of a probation officer for a period not exceeding three years or committing
the offender to a Juvenile Correctional Centre – a name preserved by the Child Care and Protection Act
pending amendments to the Corrections Act.

The Juvenile Correctional Centers are the responsibility of the Ministry of National Security. There are three
Correctional Centers, two for boys and one for girls. There is also a Remand Centre for boys only. The
Correctional Centers are, like the Children‟s Homes, for the care and rehabilitation of children who have been
sent there by the courts. The Remand Centre is really a secure Place of Safety, a holding station for children
on charges who have been remanded by the Courts, pending the disposition of their cases.

The Juvenile Correctional Centers are the Rio Cobre Correctional Centre in St. Catherine and Hilltop
Correctional Centers for boys and the Armadale Correctional Center for girls located in the parish of St. Ann.
A fire which occurred in the Armadale facility in 2009 has resulted in the temporary relocation of the wards
to the Diamond Crest facility, a facility under the Ministry of Education that has been retrofitted to house
them.

The St. Andrew Juvenile Remand Centre for Boys at Stony Hill commenced operation in 1968 as part of the
Homestead Place of Safety. The escalation of crime in the country and the public outcry about children being

10
Juveniles Act, Section 18(1)

27

held in lockups resulted in the separation of the Remand Centre from the Place of Safety. It was placed
under the Ministry of National Security in 1972. It has a capacity for 48 children, ages ranging from 12 to 17.

The Rio Cobre Correctional Centre evolved from the fusion of the Tredegar Park and Rio Cobre Approved
Schools in the 1970s. It has a capacity for 120 children, ages ranging from 13-17 years old. These youngsters
are charged with comparatively minor offences and are not considered dangerous.

The Tables below show that, notwithstanding a general decline in the number of correctional orders made
and in the resulting population in the correctional centers, the numbers are still too high.

ADMISSIONS TO JUVENILE INSTITUTIONS FOR THE YEARS 2006 - 2010

Years INSTITUTIONS

Armadale Hill Top Rio Cobre Fort Augusta Horizon Adult Total
Juvenile Juvenile Juvenile Adult Correctional
Correctional Correctional Correctional Correctional Centre
Centre / Centre Centre Centre (Male/Female)
Diamond (Male) (Male) (Female)
Crest
(Female)

2006 52 87 96 18 253

2007 28 63 86 16 10 (females) 203

2008 48 93 77 8 226

2009 29 63 102 16 210

2010 21 92 53 9 175

Source: Department of Correctional Services, 2010

TOTAL POPULATION As at the Year Ending December 31

Years INSTITUTIONS

Armadale Hill Top Rio Cobre Fort Augusta Horizon Adult St. Total
Juvenile Juvenile Juvenile Adult Correctional Andrew
Correctional Correctional Correctional Correctional Centre Juvenile
Centre / Centre Centre Centre (Male/Female) Remand
Diamond (Male) (Male) (Female) Centre
Crest (Male)
(Female)

2006 65 122 144 42 34 46 453

2007 56 101 126 46 49 44 422

2008 47 110 118 53 36 45 409

2009 36 102 143 41 34 39 395

28

2010 32 99 121 22 37 42 353

Source: Department of Correctional Services, 2010

Entry

After the Correctional Order is made he is seen as soon as possible (within a few days) by a Placement
Committee, comprising the Director of Juvenile Centers, the Probation Officer, the Chaplain and the
Superintendent of the Remand Centre. The police responsibility ceases and he is now in the care and custody
of the Department of Corrections.

In an interview to decide where he could be suitably placed, his deportment as well as the social enquiry
report - which would include his background, family circumstances, his previous behavior and his
aspirations for the future - would be considered.

During his interim detention for processing stay at the Remand Centre he is seen by the Probation Officer
twice weekly, by the Chaplain each week and by the Superintendent frequently. It is the duty of the
Probation Officer to ensure that he maintains contact with his parents.

After the most suitable placement is agreed on, the child may be taken to either the Rio Cobre or Hilltop
Correctional Centre by the Probation Officer. Children who are seen as less of a security risk and more open
to rehabilitation are sent to Rio Cobre, while the older children, perceived as more hardened, are sent to Hill
Top.

The entry to Rio Cobre follows the same procedure, except that the initial assessment concentrates more on a
long term stay - to determine what programme will interest and benefit the child.

Where the stay at Stony Hill is estimated at a few days; the stay at Rio Cobre is likely to be for the duration of
the Court Order or until the child‟s eighteenth birthday, whichever comes first.

6.2.1 Child Rights Information

This appears to be an area of weakness. There is no indication that any explicit effort is made to inform
children of their rights, although confidentiality is maintained, there is no discrimination and visits from
parents are encouraged. Warders are unfamiliar with the United Nations Rules for the Protection of Juvenile
Deprived of their Liberty (1990).

6.2.2 Education

Children in detention facilities should be provided with education in community schools. Those who are
illiterate or experience learning difficulties should have access to special education.

At Stony Hill there is a teacher with a short-term curriculum and a timetable. Children are tested on entry.
The teacher offers remedial work and there is an art programme.

29

The education at Rio Cobre is much more varied and advanced. There are three teachers who instruct in
academic subjects to CXC level and there have been some successes. Children are also tested at entry and it
is decided if they will enter the academic stream, the vocational, or both. A number of boys attend Hydel
Secondary School. Rio Cobre is sited on 120 acres and there is capacity for the introduction of many and
varied programmes.

Boys receive instructions in motor mechanics, woodwork and cabinet making. There is a chicken-rearing
project, the products of which are sold or used at the Centre.

6.2.3 Health

At Stony Hill, there is a medical doctor on call at all times.

At Rio Cobre, newly admitted wards are seen by a doctor within 48 hours of admission. Other visits are
scheduled.

There is a psychiatrist who visits all Juvenile Correctional Centers at least once per month and there are three
trained psychologists to whom all the Centers have access.

There is a doctor who visits the Rio Cobre Centre at least once per week and wards are also taken to the local
clinic for minor complaints.

Search for Solutions

The Mission Statement of the Correctional Services is “to create a safe and healthy environment for the
empowerment and rehabilitation of our clients.”

The facilities for meeting the physical needs of the wards who occupy the juvenile correctional centers are
excellent. The efforts to create an environment for the development of measures to satisfy the emotional
needs of the wards must be vigorously pursued.

The Plan calls for the promulgation of standards consistent with the United Nation Rules referred to earlier
to be observed in the Juvenile Correctional Centers and the establishment of a Board of Visitors under the
Corrections Act for Juvenile Correctional Centers.

7 REHABILITATION AND REINTEGRATION INTO SOCIETY

There is a clear link between the prevention of delinquency and a young offender‟s reintegration into society.
On one level, reintegration is seen as assisting the offender's return to his community by equipping him to
survive: giving him tools like skills training and counseling and facilitating his gradual return by conditional
release or release to a half-way home. On another level, he can be assisted to return by providing the same
facilities which assist in prevention: a stable home environment, a good education and a caring community.
To provide this environment involves the efforts of a large number of persons, not only professionals, but
parents, the schools, the communities and the churches.

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Rule 1.3 of the Beijing Rules provide that "Sufficient attention shall be given to positive measures that involve
the full mobilization of all possible resources, including the family, volunteers and other community
institutions, for the purpose of promoting the well-being of the child, with a view to reducing the need for
intervention under the law, and of effectively, fairly and humanely dealing with the child in conflict with the
law". Unfortunately, the situation in Jamaica does not automatically provide this favorable environment for
the child who has been released from a Correctional Institution. It is very difficult to find a foster home for
such a child.

Even if he is still young enough to fit into the school system, there may be some difficulty for him to secure a
place in an already overcrowded school. In the community, he is stigmatized as an "ex-convict" and may find
difficulty in finding employment.

These reactions arise from the understandable fear, in a violent society, that the presence of an ex-ward in a
home, school or business, will constitute a threat. The only way to ensure that these attitudes on the part of
the society do not frustrate the re-integration of the ex-ward, is to prepare him for his return while he is
institutionalized and to try to change the societal attitudes by public education and other measures.

7.1 The Prevention of Recidivism – Deterring Repeat Offenders

Although no figures are available on the number of repeat young offenders in Jamaica and the existing law
does not make explicit provision for their treatment, some trends can be identified.

The record of “convictions” of the child offenders are not officially maintained and the records remain
sealed. As a result, children who have been wards of a correctional facility sometimes find it extremely
difficult to secure employment in the job market.

The dangers of peer pressure are particularly serious in the placement of child offenders. Girls, for whom
there is no Remand Centre, are often placed in inappropriate institutions, where they learn anti-social
behavior which they adopt and pursue when they return to society. This is particularly true of those who
have no parental support.

Altogether, the child who leaves a correctional institution at 18 years old, un-skilled and uneducated and with
the stigma which society attaches to a person, child or adult, with a criminal record, may be tempted to repeat
the offence which caused him to be confined in the first place or a more serious offence.

Strategies have been designed to prepare the child offender for re-entry into society and also to reduce the
incidence of recidivism. A tracer study is to be carried out on ex-wards for the purpose of shaping policy to
achieve this objective.

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Strategies must be developed to:

 to efficiently rehabilitate young offenders during their period of detention.
 to equip those who have been in conflict with the law with the tools for
readjustment in society.
 facilitate the smooth re-integration into society of children who have been
institutionalized for offences against the law.

7 STRATEGIC OBJECTIVES FOR THE PROMOTION OF YOUTH PARTICIPATION
AND EMPOWERMENT

During the decade of the 1980's, children were sometimes invited to participate in conferences on youth
affairs. This participation was often the attendance of one token child, whose awe at the adult presence
prevented a meaningful contribution; or a group of children designed to provide entertainment for the adults
or demonstrate the culture of the host country. One writer has divided these activities into three categories;

Symbolic participation: which takes place when children participate in activities organized by adults;
carrying out actions of a purely ceremonial or honorific nature, acting on behalf of an organization,
community or society as a kind of metaphor that gives the appearance of importance being attached to the
social participation of children;

Decorative participation: which takes place when children are called upon to adorn events with their
appearance as a public display of their talents; and

Manipulated participation: when groups of children "participate" as mouthpieces for adults. 11

8.1 Assessment of the Situation

Things have changed dramatically since the landmark World Summit for Children in 1990, and it has become
increasingly common to include children representatives to participate fully in regional and international
conferences.

11
Hart, Roger: Children's Participation: From Tokenism to Citizenship, 1992

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In the year 2000, for the first time in a regional conference, Jamaica included a separate youth working group
in the Fifth Ministerial Meeting on Children and Social Policy in the Americas. In 2001, a working group for
Children and Adolescents was placed on the Agenda of the National Consultation on Juvenile Justice. A
group of wards from a Juvenile Correctional Institution also attended and made a presentation in the plenary.

In 2002, at the twenty-seventh session of the United Nations General Assembly (UNGAS) held in New
York, there were delegations of children from various countries, including Jamaica. Several NGOs, including
the World Association of Girl Guides and Girl Scouts were represented by children. Indeed, children held
their own assemblies and made statements to the General Assembly on the same day as adult representatives
of countries as far removed geographically as Liechtenstein, Austria, the Philippines, Uruguay, Monaco, Iraq
and the Republic of Korea.

Efforts to ensure that children's voices are heard have been made on a different level; and representatives
have been included on Government-appointed committees such as the National Council on Education and
there have been conferences and workshops with child participants only. Examples of these are children's
conferences hosted by the Coalition for the Rights of the Child and a recent conference on violence hosted
by the Ministry of National Security. Some of the recommendations made by speakers at the first Children's
parliament held in Jamaica in 1996 were actually included in the National Policy for Children, published by
the Ministry of Health in 1997.

In spite of all these efforts at the public level, the children themselves do not appear to believe that they have
the right to express their opinions freely and have those opinions taken into account. This perception obtains
particularly at the private, practical level and it affects the dispensation of Child Justice. The
Children/Adolescent group at the National Consultation had recommendations in this regard:

The Regulation governing correctional facilities for children should be consistent with the United Nations
Rules for the Protection of Juveniles (Children) deprived of their liberty adopted in 1990.

The Regulations now in place were promulgated long before the Convention of the Rights of the Child and
the Rules came into force. It is therefore imperative that the required review be undertaken and that
personnel concerned with the management of those institutions adhere to the objectives of the Convention.

They suggested that there should be youth participation in delinquency prevention policies and processes; and
that anti-social behavior of children in institutions should be judged and punished by their peers.

One child from a correctional institution voiced the common feeling that she felt that no one cared for her
once she had committed an offence. She pleaded in a colorful image: "We are wounded - we are not dead".

There appears to be the pervasive feeling, voiced by the group at the Fifth Ministerial Meeting, that even
when an opportunity is given for self-expression, the children's views are not taken seriously. They longed
for some medium to take their concerns directly to Government.

During the past few years, there have been several publications, including the reports on the conferences
already mentioned, documenting the feelings of children. Perhaps the most powerful is the "Voices of
Children and Adolescents in Latin America and the Caribbean", the report of a survey sponsored by
UNICEF in the year 2000. This document is particularly important because of its scope, as well as its
structured approach.

A few conclusions are quoted from this publication:

 “More than half of those interviewed say they are not heard, either at home or at school.

33

 26% of respondents complain of a high level of aggressive behavior in the household. This
perception represents 28 million children and adolescents in the region.

 Close to half of the respondents have already experienced first hand a theft; while a third has
experienced violence (experienced by family, friends or themselves).”

All these views, point to children the world over, desiring to participate in decision-making and to have their
views taken seriously. For the children in institutions, they speak also to a sense of loneliness and alienation
"we are wounded - we are not dead".

It is necessary to set goals to address these concerns. It is also necessary to prepare the child at every level; if
the participation is to be meaningful. In the home, he should be a part of family discussions in so far as they
are within the scope of his understanding. Schools should encourage the active participation of children in
discussions involving their future and involve groups like the Students' Council and the Prefect's body in
policy and decision-making, and communities should foster the involvement of youth in their activities. The
provision of educational opportunities by the State and the grasping of these opportunities by the youth are
the first steps towards equipping the youth to be a useful participant. Measures like Diversion Committees
and a Youth Court will go a far way towards achieving these goals

The Plan recommended measures to:

 Develop a society in which children and adolescents feel safe and confident in their capacity
to contribute to nation building and participate in the decision making processes.

 Provide adequately for youths and adolescents, including those in Juvenile Correctional
Centers to express themselves.

 Promote and strengthen parent education and peer groups.
It is further recommended that:

(a) a child be included in the Children Advisory Council established under the Child
Care and Protection Act and
(b) Board of Visitors to the Juvenile Correctional Centre to include a child.

9 MONITORING THE PLAN

Monitoring must be seen as an integral part of the National Plan of Action. The monitoring will become part
of an ongoing process towards the achievement of the National Plan of Action as a whole, as well as the
establishment of a national human development information system encompassing monitoring of the family
structure, household characteristics and the impact of poverty on social conditions.12

Although the primary focus of this Plan is to provide a system of justice for children in conflict with the law,
it covers such a wide spectrum of issues which impact on the society as a whole that the close monitoring of
the goals contained in the Plan has the potential to strengthen Government's efforts to enhance and
regularize its statistical system capability as it relates to human development.

12
Five Year National Plan of Action for the Survival, Protection and Development of Children, 1996-2000, p. 140

34

10 INSTITUTIONAL FRAMEWORK OF THE NATIONAL PLAN OF
ACTION ON CHILD JUSTICE

As soon as the Plan is approved by Cabinet, it is recommended that a Committee should be appointed to
monitor the implementation of such recommendations as the Cabinet should accept.

It is recommended that the following persons be included in the membership of the Committee:

- The Permanent Secretary, Ministry of Justice or his/her nominee

- The Permanent Secretary, Ministry of Health or his/her nominee

- The Permanent Secretary, Ministry of National Security or his/her nominee

- The Permanent Secretary, Ministry of Education or his/her nominee

- The Permanent Secretary, Ministry of Youth, Sports and Culture or his/her nominee

- The Commissioner of Corrections

- The Chief Executive Officer. Child Development Agency

- The Director General, Planning Institute of Jamaica or his/her nominee

- The Executive Director, Dispute Resolution Foundation

The Committee should have the power to co-opt other members:

- Activities of the Committee should be coordinated by a senior officer within the
Ministry of Justice.

- The Committee should ensure ongoing collection of data to facilitate monitoring and
evaluation.

- The Committee should be mandated to prepare annual reports on the status of
implementation for forwarding to the Human Resource Council.

- The Committee must identify areas for research, source funding and oversee
evaluation research such as tracer studies of ex-wards to assess effectiveness of
programmes.

- The Committee should seek to ensure that indicators on Child Justice are included
in the SIMS report prepared by the Planning Institute of Jamaica each year.

- The Committee should also seek to ensure that related Ministries include activities
for implementation in their annual budgets and should negotiate with donors
through the Planning Institute of Jamaica for funding of special responsibilities.

- Monitor targets that are established and agreed

- Mechanisms for analysis of attainment/ not of the targets.

35

11 IMPLEMENTATION

For the purpose of implementation, the Strategic Objectives are divided into three groups: short term to
include those which can be implemented with little or no expense over a period of one to two years;
medium term are those which can be implemented within two to four years and long-term over a period of
five years at considerable expense.

11.1 Interrelated Strategies for Implementation

The Strategic Objectives outlined by the National Plan of Act on Child Justice are interrelated; not only as
activities, but in terms of their impact on all sectors of society. There are a number of strategies which are
overarching. They can only succeed if all sectors of society accept them fully. Some such strategies are listed
here:

11.2 Building Advocacy, Communication and Social Mobilization

The non-governmental organizations continue to play an important part in providing service to children.
There is need to reach out to them and to the public to obtain acceptance of these goals. This acceptance
goes farther than that for the improvement of the Child Justice System. It must also include information on
the Convention on the Rights of the Child and its companion instruments, the Beijing Rules and the Riyadh
Guidelines. Advocacy, social mobilization and public education are all mechanisms designed to facilitate
public acceptance of the concept that child delinquency is the concern of the whole society. This will be the
key to public support at all levels for the welfare of child delinquents.

11.3 Institutional Strengthening and Capacity Building

The achievement of the goal in this Plan will depend on the capacity of both Government and non-
governmental agencies to deal with the Strategic Objectives. There is need for the improvement of
management capacity, training of professionals in the needs of the new child-friendly approach introduced by
the Convention and, above all, strengthening their capacity to collect and use data.

11.4 Interagency and Inter-sectoral Collaboration

This will be necessary to promote efficiency, and prevent the duplication of effort and waste of resources.

36

11.5 Resource Mobilization

Every effort will have to be made to seek resources from outside of the Government‟s budget. This will be
in keeping with the notion that the problem of delinquency belongs to all sectors. The Private Sector must be
implored to give more assistance in a revised system with less fragmentation.

Multilateral support continues to be received in several areas benefiting children. For example, the United
Nations Children Fund/Government of Jamaica Country Programme of Cooperation 2002-2006 had 8,582
million dollars assigned to the programme for expenditure. The areas of focus include early childhood
development, adolescent development and participation, policy advocacy, special care and protection.

11.6 Increased Budgetary Allowance for Children

The Budgetary support will have to be increased every year as this is the only certain source of funds for the
support of children's causes.

11.7 Acceleration of the Implementation of Government Plans and Decisions

Although Jamaica has been progressive in its acceptance of international instruments for the welfare of
children, there has been delay in implementing them. While the value of interdisciplinary committees is
without doubt, their uncoordinated existence could reduce the pace at which programmes are implemented.

A schedule of strategies to achieve the objectives in the categories of short, medium and long term for the
purposes of implementation is set out in the logical framework at Appendix 1.

11.8 Advocacy/Public Education

This section attempts to identify, in precise terms, the practical details necessary for the commencement of
activities on the National Plan of Action. The projected date for the launching of the Plan is the January,
2012. This leaves time for the approval of the Plan by Cabinet and the establishment of the Coordinating and
Monitoring Committees.

It will be necessary to ensure that both the public and the stakeholders are fully aware of the details of the
Plan before the actual implementation of its provisions commences. To a great extent, this has already been
done.

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12 FINANCING THE NATIONAL PLAN OF ACTION FOR CHILD JUSTICE

(a) The Costing of the Plan is set out

(b) It will be a very important function of the National Plan of Action Coordinating and Monitoring
Committee for Child Justice to ensure that Ministries include provision for implementation of the
Plan in their budgets, and that suitable projects are developed to qualify for international funding.

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Jamaica - National plan of action on child justice

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