Statutory Rule 1999 No. 28

Juvenile Justice Centre Rules (Northern Ireland) 1999

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© Crown Copyright 1999

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    (2) These principles, taken together are intended as a guide to the interpretation and application of the rules.

Interpretation
     4.  - (1) In these rules the following expressions have the meanings hereby assigned to them: - 

"Board" means the Board of Management having responsibility for the management or control of a juvenile justice centre;

"centre" means a juvenile justice centre provided under Article 51 of the Order;

"child" means a young person who is remanded or ordered to be detained in a juvenile justice centre;

"food" includes drink;

"inspector" means any authorised person exercising his powers under Article 55 of the Order;

"manager", in relation to a centre, means the person for the time being having the management or control of a centre or the person nominated by him to act on his behalf;

"medical officer", in relation to a centre, means a registered medical practitioner appointed by the Board and references to the medical officer shall include references to other members of the medical and nursing professions;

"Order" means the Criminal Justice (Children) (Northern Ireland) Order 1998;

"parent" includes the guardian or authority who has for the time being responsibility for the care of a child;

"police officer" means any member of the Royal Ulster Constabulary;

"Secretary of State" includes officers of the Northern Ireland Office.

Code of conduct
     5. The Secretary of State may approve a code, or codes, in relation to the conduct, duties and discipline of the management and staff of a centre.

Application of these rules during an emergency
     6. Where there is an emergency affecting the safe and secure operation of a centre the Secretary of State may direct that these rules shall only have effect to the extent consistent with action taken with regard to that emergency.

    (2) This rule does not permit the search of a body cavity, but a child may be required to open his mouth to permit a visual inspection.

Children's property on reception
     18.  - (1) The manager shall prescribe items or articles which may be retained by a child in a juvenile justice centre.

    (2) The manager shall be responsible for the safekeeping of any property, valuables, clothing or other items which the child is not allowed to retain for his own use in the centre.

    (3) If clothing is infested or in a state of disrepair it may be destroyed, in which case the details shall be recorded and the child informed.

    (4) If a child has money in his possession on reception to the centre it shall be paid into an account under the control of the manager and the child shall be credited with the amount in the books of the centre.

    (5) If a child has any form of medicine in his possession on reception it shall be for the medical officer to decide on its use, retention or disposal as the case may be.

    (6) If the medical officer is not available at the time of reception a member of staff will act in accordance with guidance given by the medical officer and report the matter to the medical officer before he interviews a child.

Hygiene
     19. A child on his initial reception shall have a bath or shower unless impracticable or excused on medical grounds.

Medical examination on reception
     20.  - (2) The medical officer shall separately examine every child upon reception, or if this is not possible, within twenty-four hours, and shall record the result.

    (2) If a child is found to have any infectious disease or to be in any condition which may threaten the health or well-being of himself or others, the medical officer shall report the matter to the manager and steps shall be taken to treat the child appropriately.

Initial interview and assessment
     21.  - (1) The manager shall interview a child at the time of reception but if this is not possible, within 24 hours, and he shall ensure that any relevant matters to which a child may wish to draw attention are noted and dealt with.

    (2) A child shall be assessed to ascertain his educational, training, emotional and developmental needs for the purpose of devising an individual programme to prepare a child for his return to the community.

Information to children
     22.  - (1) Upon reception or as soon as possible thereafter a child shall be provided with sufficient information to enable him to understand the requirements of the centre, the facilities available and the proper methods of seeking further information. Particular attention shall be paid to ensure that a child is aware of, and understands, the complaints procedure.

    (2) Information provided under this rule shall be made available in writing for the child to consult in his own time.

    (3) In the case of a child who cannot read or who for any reason has difficulty in understanding, the manager shall ensure that the necessary information has been properly explained to him.

    (4) A child shall have access to these rules at any reasonable time and a child shall be informed at the time of his reception of the right to do so.

Transfer to another centre
     23.  - (1) A child shall not be transferred to another centre without the authority of the Secretary of State which shall be in writing.

    (2) Before transfer to another centre a child shall be interviewed by the manager.

    (3) The medical officer shall examine a child as short a time as is practicable before his transfer to another centre unless, in exceptional circumstances and for reasons of security or the good order and control of the centre, the manager directs that the transfer must take effect immediately.

    (4) If the medical officer is of the opinion that a child is not fit to be transferred he shall inform the manager and the child shall not be transferred.

    (5) Where a child is to be transferred to another centre his parent shall be informed beforehand by telephone, or if that is not practicable, by letter as soon as possible thereafter, and if he is a remanded child, his legal advisor. Evidence of such notification shall be recorded.

Discharge
     24.  - (1) Before his period of detention expires a child shall be interviewed by the manager who shall explain the conditions which will apply to him during his period of supervision.

    (2) The medical officer shall examine every child as short a time as is practicable before his period of detention expires.

    (3) Upon completion of his period of detention a child's clothes, money and other property shall be returned to him.

Serious illness or death of a child
     25.  - (1) If a child becomes seriously ill, sustains any severe injury or is removed to hospital the manager shall take reasonable steps to inform the child's parent and also any person the child may reasonably have asked should be informed.

    (2) If a child dies the manager shall immediately inform the parents, the police, the Board and the Secretary of State.

    (3) If a child dies, the medical officer shall without delay record the facts and make a report to the manager. In cases where a post-mortem examination is made, the medical officer shall report on its findings and make any observations which he considers appropriate.

    (3) Any item contrary to paragraph (1) may be confiscated by the manager and shall be dealt with as he thinks fit.

    (4) A person found to be acting contrary to the provisions of paragraph (2) may be removed from the centre and the manager may direct, subject to the approval of the Board, that admission be denied on future occasions.

Control
     29.  - (1) Only forms of control approved by the Secretary of State may be used in dealing with an unruly child.

    (2) Measures in paragraph (1) may be used only as a last resort and when all other reasonable efforts have been tried and failed or where there is a danger to the child or others or a risk of serious damage to property or if necessary to prevent injury.

    (3) A member of staff responsible for the supervision of a child shall be trained in the forms of control referred to in paragraph (1) and where their use is necessary a report of the circumstances shall be made to the manager without delay and confirmed in writing.

Temporary confinement
     30.  - (1) For the purpose of preventing disturbance, damage or injury, a child may be confined temporarily but only on the express authority of the manager.

    (2) A child so confined shall be observed at least once every 15 minutes by a member of staff and a record shall be kept of such observations.

    (3) The manager shall visit a child who is confined within one hour of his confinement, and at regular intervals thereafter, to assess his behaviour and consider his release from confinement.

    (4) The manager shall inform the medical officer of the intended removal of any child to confinement, but where this is not possible the medical officer shall be informed as soon as is possible thereafter.

    (5) Notwithstanding the provisions of paragraphs (1), the medical officer may, for the purposes of preventing a child from causing injury to himself or others, order that he may be removed and confined for the minimum period considered necessary and in any case no longer than twenty-four hours.

General control of admission to a juvenile justice centre
     31.  - (1) Subject to Rule 9 no person may enter a centre without the permission of the manager, and the manager may order the removal of a person who enters a centre without such permission.

    (2) No person shall be authorised to make a sketch, or take a photograph or make a film or video or sound recording or communicate with a child unless authorised to do so by the manager or the Secretary of State.

[2] S.R. & O. 1952 No. 132back

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