Draft Criminal Justice (Young Offenders) (Jersey) Amendment No. 2 Law 202- (P.110/2025) – Children’s Rights Impact Assessment
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STATES OF JERSEY
DRAFT CRIMINAL JUSTICE (YOUNG OFFENDERS) (JERSEY) AMENDMENT NO. 2 LAW 202- (P.110/2025) – CHILDREN'S RIGHTS IMPACT ASSESSMENT
Presented to the States on 8th December 2025 by the Minister for Justice and Home Affairs
STATES GREFFE
2025 P.110 Add.
CHILDREN'S RIGHTS IMPACT ASSESSMENT (CRIA)
PART 1: SCREENING
Name and title of Duty Bearer:
Type of Duty Bearer:
(Minister, Elected Member or States Elected Member Assembly Body)
Assessment completed by (if not
completed by duty bearer):
Date:
1) Name and brief description of the proposed decision Decision' means: • an Assembly proposition • an amendment (or further amendment) to a proposition • for Ministerial duty-bearers, policy under development |
The primary purpose of the Draft Criminal Justice (Young Offenders) (Jersey) Amendment No. 2 Law 202- is to amend the legislation for children and young people (as defined by the Art 1 of the Criminal Justice (Young Offenders) (Jersey) Law 2014) serving youth detention within secure accommodation (e.g. Greenfields Secure Children's Home), and provide the right to gain Temporary Release and Early Release/Remission. Currently, there is no legislation that allows for temporary release or early release/remission for children and young people serving a sentence of youth detention within secure accommodation. This is not the case for young people serving a sentence within a young offenders' institute (YOI) on the prison estate or adults within the prison system. |
2) Which groups of children and young people are likely to be affected? Groups of children could include early years, primary or secondary education; young adults; children with additional learning needs; disabled children; children living in poverty; children from particular ethnic backgrounds; migrants; refugees; care experienced children and LGBTQ+ children |
Children and young people (as defined by the Art 1 of the Criminal Justice (Young Offenders) (Jersey) Law 2014) (the Law) serving youth detention within secure accommodation (e.g. Greenfields Secure Children's Home). Young people and young adults, as defined by the Law and serving a custodial sentence within the prison estate are also affected by these amendments. |
3) What is the likely impact of the proposed decision on children and on their rights? Impacts may be positive or negative, direct or indirect Include whether different groups of children will be affected differently by the decision |
There will be a positive impact on the rights of children and young people within secure accommodation, if these amendments are passed. It would allow them to gain temporary release and remission/early release which would otherwise be granted to them if serving a sentence within HM Prison La Moye. Adults are already granted early release/remission |
These amendments, if passed, would allow them to be granted temporary release which would be granted to them if serving a sentence within HM Prison La Moye. Adults are also allowed to gain temporary release under the Prison Law. The purpose of allowing a young offender to be temporarily released is to enable them to access employment or education within the community and/or to assist in other reintegration opportunities that will assist in the young person successfully, returning to the community. The objective is to help reduce the risk of re-offending and support the young offender live a pro-social life. This could include, for example, opportunities such as family visits, engaging with the probation service and therapeutic interventions. This Law also brings in parity of criteria for early release, regardless of whether, the young person is within the YOI/Prison estate or in secure accommodation. Currently young offenders within the prison estate (YOI or prison) can be released at the 2/3rds point of their sentence. Under 21s are subject to Article 9 of the Young Offenders Law that requires them to be supervised by a probation officer and comply with written requirements. Under the draft Law, if passed, provision is made for young offenders to gain early release at the 2/3 point of their sentence when serving their sentence within secure accommodation. The draft amendments also amend the Prison Law and rules to ensure that those under 21 are treated in the same manner regardless of location. The Law is changed to have a presumption of early release for all young offenders at the 2/3 point of their sentence. The prison governor in the case of the prison estate or the panel in relation to secure accommodation, will have the authority to delay early release only if the young offender would be at significant risk of harm if released and no supervision conditions could eliminate or sufficiently reduce the risk and/or that there is a significant risk that the young offender would, once released engage in conduct that could or be likely to cause harm to an individual and no supervision conditions could eliminate that risk or if there are other exceptional circumstances that justify not releasing the young offender early. These amendments also introduce an appeal process against decisions in relation to temporary and early release. The application for appeal being able to be made by the young person or a person with parental responsibility. The decision of appeal will now be taken by the chair of the youth court panel (e.g. the Magistrate). Given the above, there will be a significant improvement to the rights of the child. The key articles including: Article 3 (best interests) and Article 37 (Deprivation of Liberty as a last resort and for the shortest appropriate time). |
4) Is a full Children's Rights Impact Assessment required? If you have identified impacts on children and their rights, a full CRIA should be completed. If no impacts are identified then a Full CRIA is not required, but please explain your rationale and how you reached this conclusion |
These amendments will impact significantly on the rights of the child and a full CRIA has therefore been completed. |
If screening determines that a full CRIA is needed, complete Part 2
Part 2: FULL CHILDREN'S RIGHTS IMPACT ASSESSMENT
5) What will be the impacts (positive or negative) of the proposed decision on children's rights? For each of the UNCRC articles described below, click to identify any that may be relevant ☒ | |||
Category | UNCRC Article | Impact? YES NO | |
Guiding Principles | Non-discrimination (Art 2) | ☐ | ☐ |
Best interests of the Child (Art 3) to be a top priority | x | ☐ | |
Right to Life survival and development (Art 6) | ☐ | ☐ | |
Respect for the child's views (Art 12) | x | ☐ | |
Civil Rights & Freedoms | Right to birth registration, name and nationality (Art 7) | ☐ | ☐ |
Right to an identity (Art 8) | ☐ | ☐ | |
Freedom of expression (Art 13) | ☐ | ☐ | |
Freedom of thought, conscience, and religion (Art 14) Every child has the right to think and believe what they choose | ☐ | ☐ | |
Freedom of association (Art 15) Every child has the right to meet with other children and to join groups and organisations | ☐ | ☐ | |
Right to Privacy (Art 16) including family and home life | ☐ | ☐ | |
Access to information from the media (Art 17) Right to access reliable information from a variety of sources, in a format that children can understand | ☐ | ☐ | |
Protection against torture or other cruel, degrading or inhumane treatment or punishment (Art 37(a)) | ☐ | ☐ | |
Family Environment and Alternative Care | Respect for the responsibilities, rights and duties of parents (or where applicable, extended family or community) to guide their child as they grow up (Art 5) | ☐ | ☐ |
Responsibilities of both parents in the upbringing and development of their child (Art 18) | ☐ | ☐ | |
Children must not be separated from their parents against their will unless it is in their best interests (Art 9) | ☐ | ☐ | |
Family reunification (Art 10) | ☐ | ☐ | |
Abduction and non-return of children abroad (Art 11) | ☐ | ☐ | |
| Right to a standard of living that is good enough to meet the child's physical and social needs and support their development (Art 27) | ☐ | ☐ |
Special protection for children unable to live with their family (Art 20) | ☐ | ☐ | |
Best interests of the child in the context of Adoption (Art 21) | ☐ | ☐ | |
Review of treatment whilst in care (Art 25) If a child has been placed away from home for the purpose of care or protection (for example, with a foster family or in hospital), they have the right to a regular review of their treatment, the way they are cared for and their wider circumstances. | ☐ | ☐ | |
Protection from violence, abuse or neglect (Art 19) | ☐ | ☐ | |
Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life. | ☐ | ☐ | |
Basic Health and Welfare | Rights of disabled children (Art 23) | ☐ | ☐ |
Right to health and health services (Art 24) | ☐ | ☐ | |
Right to social security (Art 26) | ☐ | ☐ | |
Right to adequate standard of living (Art 27) | ☐ | ☐ | |
Education, Leisure and Cultural Activities | Right to education (Art 28) | ☐ | ☐ |
Goals of education (Art 29) Education must develop every child's personality, talents and abilities to the full | ☐ | ☐ | |
Leisure, play and culture (Art 31) Every child has the right to relax, play and take part in cultural and artistic activities | ☐ | ☐ | |
Special Protection Measures | Special protection for refugee children (Art 22) | ☐ | ☐ |
Children and armed conflict (Art 38 and Optional Protocol #1) Governments must do everything they can to protect and care for children affected by war and armed conflict. | ☐ | ☐ | |
Children and juvenile justice (Art 40) Right to be treated with dignity and respect, right to legal assistance and a fair trial that takes account of age. | ☐ | ☐ | |
Inhumane treatment and detention (Art 37 (b)-(d)) | ☐ | ☐ |
| Children should be arrested, detained or imprisoned only as a last resort and for the shortest time possible. |
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Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life | ☐ | ☐ | |
Child labour and right to be protected from economic exploitation (Art 32) | ☐ | ☐ | |
Drug abuse (Art 33) | ☐ | ☐ | |
Sexual exploitation (Art 34) | ☐ | ☐ | |
Abduction, sale and trafficking of children (Art 35) | ☐ | ☐ | |
Protection from other forms of exploitation including for political activities, by the media or for medical research (Art 36) | ☐ | ☐ | |
Children belonging to a minority or an indigenous group (Art 30) | ☐ | ☐ | |
Optional Protocol on the sale of children, child prostitution and child pornography | ☐ | ☐ | |
Optional protocol on the involvement of children in armed conflict | ☐ | ☐ |
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6) Information and research What evidence has been used to inform your assessment? | ||
Evidence collected (include links to relevant publications) | What did the evidence tell you? | What are the data gaps, if any? |
As the CRIA looks to the UNCRC articles, the UNCRC and related UN literature has been used, as well as other key sources including the UK government. 1. United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havan Rules) UNCRC The Havana Rules state. "The length of the sanction should be determined by the judicial authority, without precluding the possibility of his or her early release." "All juveniles | Contained within the evidence and information is the understanding that custody has a damaging effect on children. The literature did not say that detention could never be used but should be used as a last resort and for the shortest period. It also provides guidance and the need to have arrangements to help children and young people return to the community which this legislation seeks to do. | Jersey has low numbers of children and young people within youth detention but further work on the development of data will be useful to understand more clearly the picture of detention and to evaluate outcomes and shape policy. The lack of data with this piece of legislation does not hinder development in that it works in line with national and |
should benefit from arrangements designed to assist them in returning to society, family life, education or employment after release. Procedures, including early release, and special courses should be devised to this end."
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3.This report highlights the importance of temporary release but in its findings also highlights for this to be successful, departments/ agencies need to be coordinated and focus on constructive resettlement. 4. This legislation assists with this work in that it can facilitate constructive resettlement as well as allowing for measures to keep others safe. 5.This legislation is in keeping with key areas highlighted in Beijing Rules including that of having community support. 6. This legislation delivers on facilitating opportunities to ready children and young people for their return to the community 7. Jersey Youth Justice Review (2019) This legislation if passed will facilitate the | international evidence and conventions |
The Beijing Rules highlight that a competent authority be able to order conditional release, and this is preferred to serving a full sentence. This is assessed and there is a need for community support on release by the probation or other officer. 6. Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders (unodc.org) This UN international research document looks at preparing for community life after detention can take on "some day-parole, temporary furlough, semi-detention (open custody) programmes can help offenders maintain or reestablish contacts with the outside community, including with potential employers and service providers." 7. Jersey Youth Justice Review (2019) *Social Enquiry Report (gov.je) Recommendation "6.24 The decline in the use of custodial sentencing since the Review in 2010 is to be welcomed, but this has resulted in the risk of social isolation for some children in Greenfields Secure Children's Home. It is therefore recommended that the walls of secure accommodation are more permeable in terms of developing a more integrated approach to the use of the facility. This could include, (i) Greater use of properly risk- assessed day release in order for children to partake of community resources such as education and training;" 8. Review of Greenfields Secure Care Unit (2019) *R Review of Greenfields 20190920.pdf (gov.je) "Work should take place to determine how | recommendation of the Jersey Youth Justice Review recommendation in that it will allow for "Greater use of properly risk-assessed day release in order for children to partake of community resources such as education and training;" 8. Review of Greenfields Recommendation This legislation if passed will facilitate the recommendation of the Review of Greenfields Secure Care Unit in that it will allow for "risk assessed access to education, work and opportunities to constructively socialise with their peers out of and inside the unit." 9. In Jersey it has become more attractive for young people to want to be accommodated within a YOI/within the prison estate as they can access early release whereas if they remained in secure accommodation they would serve their full sentence. These amendments will encourage positive behaviour and make staying within secure accommodation (Greenfields) more attractive. |
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children and young people resident in Greenfields might be permitted risk assessed access to education, work and opportunities to constructively socialise with their peers out of and inside the unit." 9. All children removed from young offenders institutions in Scotland - BBC News This BBC article highlights Scott ish policy to have all under 18's removed from Scotland's YOI's. It discusses the detrimental effects of being within a prison estate and for children to be in suitable accommodation. |
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7) Engagement with children What groups of children and young people (or those who speak on their behalf, such as social workers, teachers or youth workers) have been directly or indirectly involved in developing the decision? | ||
Groups consulted | How they were involved | What were the findings? |
Reviews and reports carried out on Youth Justice and Greenfields have been reviewed and included the voices of children and young people. There has also been contact with departments who work directly with children and young people, including those sentenced to youth detention. These departments include the Probation Service and CYPES as well as the | They spoke to children and young people as part of their work or carrying out a review. 1. This research from the All-Party Parliamentary on Children in Police Custody, does focus on police custody but highlights the voice of the child and the impact custody has upon them. | For the best interests of the child, it is desirable and the decision of the placement panel to have children and young people within secure children's home rather than prison estate. There is however an unfairness known by cyp also that if they remain in secure accommodation they are deprived of liberty for longer. It is understood; some young people have made real efforts to ensure they are moved to the prison estate to ensure a shorter time deprived of |
Children's Commissioner's Office. And 1. Children in Police Custody (a research paper) |
| their liberty albeit in they were in the prison estate. |
8) Assessing Impact on children's rights Based on the information collected and analysed above, what likely impact will the proposed decision have on the specific children's rights identified in question 5)? | ||
Relevant UNCRC Articles (rights) identified in Q5 | Describe the positive or negative impacts on these rights | Which group(s) of children are likely to be affected? |
Article 3 (Best Interests) | Article 3 – The best interests of the child will be improved as they will have improved access to family life, education and support within the community. They will be in an environment outside the prison estate but have improved rights, which would otherwise be afforded to them if on that estate. E.g. remission. The changes improving the protection and care necessary for their wellbeing. | Children and young people (as defined by the Art 1 of the Criminal Justice (Young Offenders) (Jersey) Law 2014) serving youth detention within secure accommodation (e.g. Greenfields Secure Children's Home), |
Article 12 (Respect of the Child's views) | Whilst the amendments if approved make provision for conditions and supervision requirements, for these to be changed and for there to be recall from temporary release; the amendments do make provision for appeal and for the voice of the child or young person to be heard. Extending the function of the Panel, there is provision where in exercising its function | Children and young people (as defined by the Art 1 of the Criminal Justice (Young Offenders) (Jersey) Law 2014) serving youth detention within secure accommodation (e.g. Greenfields Secure Children's Home), |
| they will consider the views of the child or young person. |
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Article 37 (b-d) (deprivation of liberty a measure of last resort and for the shortest appropriate period of time.; contact with family) | Currently, legislation does not allow for children and young people to serve the shortest period of time of their sentence as compared to adult prisoners and children and young people on the prison estate they are not currently entitled to temporary release or remission which results in them having to be deprived of their liberty for at least an additional third of their sentence. This legislation if adopted will bring about parity and improve the rights and compliance with Article 37. | Children and young people (as defined by the Art 1 of the Criminal Justice (Young Offenders) (Jersey) Law 2014) serving youth detention within secure accommodation (e.g. Greenfields Secure Children's Home), |
Article 40 promoting the child's reintegration and the child's assuming a constructive role in society; - A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence. | T his legislation, if passed will support and help facilitate resettlement and those services supporting resettlement. As stated in the HM Inspectorate of Probation Resettlement effective practice guide this can work "to help the child shape a more prosocial identity, and to build on their individual strengths, social capital and resources to help them remain safe and live a crime-free life. This aims to reduce the likelihood of further offending. Consequently, effective resettlement takes a strengthsbased approach and acknowledges that the child may need a variety of support and interventions to keep them and other people | Children and young people (as defined by the Art 1 of the Criminal Justice (Young Offenders) (Jersey) Law 2014) serving youth detention within secure accommodation (e.g. Greenfields Secure Children's Home), |
| safe, and to enable them to successfully integrate in their communities." Currently options are limited in that children and young people cannot gain remission or temporary release which are fundamental to constructive resettlement. |
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9) Weighing positive and negative impacts • If a negative impact is identified for any area of rights or any group of children and young people, what options are there to modify the proposed decision to mitigate the impact? • Could any positive impacts be enhanced? | ||
Negative impacts – If not managed correctly, temporary release could result in further offences being committed. There are however assessment processes in place to mitigate this and a power to recall as is the case with most other jurisdictions. Positive impacts – This will ensure greater compliance with UNCRC Articles in particular, Articles 37, 40 and Art 3 which is an overarching article. This legislation will allow for children and young people to build a pro-social identity and individual strengths, social capital and resources to help them remain safe and reduce the risk of further offending and by doing so reduce the likelihood of further victims. | ||
10) Conclusions In summary, what are your key findings on the impact of the proposed decision on the rights of Jersey children? |
This legislation if approved remedies an issue of children and young people being treated more harshly under the law than their contemporaries within the prison estate as well as adults who also can gain remission and temporary release. Children and Young people's rights will improve and there will be greater compliance with the UNCRC. |