Children Deemed Uncontrollable to Be Separated from Juveniles Convicted or Charged

The Ministry of National Security is now in discussion with the relevant authorities to see to the appropriate relocation of 26 juveniles deemed uncontrollable who are in the custody of the Department of Correctional Services (DCS).

This was announced by Minister without Portfolio in the Ministry of National Security, Senator the Hon. Matthew Samuda who said arrangements are being made to have them separated from those juveniles who have been criminally charged or convicted.

This, he said, is while consultations are being done with the courts and the Minister of Education, Youth and Information, Hon. Fayval Williams in a bid to seek the wards’ permanent and appropriate relocation.

Senator Samuda, who was making a statement regarding the special investigation report into the Rio Cobre Juvenile Correctional Centre by the Independent Commission of Investigations (INDECOM) during the sitting of the Senate on Friday (Feb. 12), noted that the juveniles should not have been in the custody of the DCS.

He explained that they were placed with the Department due to the discretionary power granted to the courts by the Child Care and Protection Act (Section 24, subsection 2b) which allows a Judge to issue a Correctional Order to a juvenile deemed uncontrollable.

“A correctional facility is simply not set up to deal with the nuanced issues facing juveniles deemed uncontrollable. In fact, our correctional officers are simply not trained to manage them and provide the necessary psychosocial support for those deemed uncontrollable. They are trained to manage those on remand, or those convicted of criminal offenses,” he said.

Senator Samuda noted that just over 200 juveniles are in the custody of the DCS, with approximately 17 per cent of them sent to the DCS by the courts after being deemed uncontrollable.  He stressed that successive administrations have committed to “correcting this wrong”.

“This discretion must be removed. Quite frankly, we have spoken about it for too long and it is indeed time to act…Commitment has already been given by…Minister Williams, and reiterated by Minister of State, Hon. Robert Morgan. This will ensure that this injustice does not recur in the future,” he said.