CRIMINAL JUSTICE Part I Preliminary Citation and commencement 1 These rules may be cited as the Juvenile Justice Centre Rules (Northern Ireland) 1999 and shall come into operation on 31st January 1999. 2 The Training Schools Rules (Northern Ireland) 1952 are revoked. General principles 3 1 These rules apply to all children ordered to be detained in a juvenile justice centre and are made having regard to the following general principles:— a children ordered to be detained in a juvenile justice centre shall be held safely for their protection and with sufficient security to meet the need to protect the community; b the manager and each member of staff at a centre shall encourage good order and discipline in a centre through his positive personal influence and example; c the treatment of children shall be such as to promote self-respect and good health and encourage them to develop a sense of personal responsibility; d clean, comfortable and warm living conditions and a wholesome, nutritious and appetising diet sufficient to promote and maintain good health and human dignity shall be provided for children in custody; e children committed by the courts will be required to use their time constructively and will be supported throughout the custodial and supervision periods in working towards successful rehabilitation; f children in custody shall be treated with fairness, dignity and respect at all times and in a manner which takes account of personal circumstances and they shall be entitled to contribute when decisions which affect them are made; g children in custody will be treated equally and will have access to services and facilities without discrimination on the basis of religion, race, ethnic origin, gender, language, sexual orientation, disability, political opinion, nationality, birth, economic or other status; h the custodial environment shall, so far as is possible, be stable and control will be maintained as befits the needs and interests of the children, the community and the good order of the centre; i a child will be encouraged to maintain links with his family and/or those having responsibility for his welfare and will be assisted in other respects to prepare for release from custody; j a child will retain all rights and privileges except those removed as a necessary consequence of his detention in a juvenile justice centre; k each child detained in a centre will have access to a copy of the juvenile justice centre rules. 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. Part II Management Responsibilities and duties 7 1 The Board shall have overall responsibility for the management of a centre and shall be accountable to the Secretary of State. 2 It shall be the responsibility of the Board to maintain efficient standards in the centre which are consistent with the well-being of the children. 3 It shall be the duty of the Board to ensure that the welfare, education and training of the children and the condition of a centre are satisfactory and for this purpose Board members shall pay visits to the centre. 4 The Board shall exercise an effective control over all stores, accounting and expenditure. 5 The Board shall make arrangements for the safekeeping of all registers and records of a centre. 6 So far as practicable the Board shall meet once each month at the centre for which it has responsibility. Committees 8 1 The Board shall appoint such committees as it considers necessary for the efficient management of a centre and any committee so appointed shall have such powers and duties as the Board may determine. 2 The Board and any committee appointed by it shall keep records of its business and the records shall be open to inspection by or on behalf of the Secretary of State. Visits/Inspections 9 1 A centre shall be visited once a month by at least one Board member who shall satisfy himself regarding the well-being of the children and inspect the physical fabric of the building, and a written report shall be made to the Board. 2 The Board shall facilitate an inspection of a centre to be carried out on behalf of the Secretary of State or by any person having statutory authority to carry out an inspection. Name of a centre 10 The name of a centre shall be recommended by the Board and shall be subject to approval by the Secretary of State. Appointment etc of staff 11 n1 The Board shall be responsible for the arrangements for the appointment, suspension, disciplining and dismissal of employees of the Board subject, in the case of appointments, to the approval of the Secretary of State. 2 The arrangements for appointment, suspension, disciplining and dismissal of any Board employee shall be in accordance with procedures approved by the Board which shall comply with all relevant employment legislation. Part III Entitlements and Accommodation Entitlements 12 1 There shall be established in a centre a system of entitlements. 2 A system of entitlements shall have regard to a child’s personal possessions and private cash. 3 Where an order for the forfeiture of entitlements is made by the manager it shall apply only to those entitlements specified in the order. 4 Every system of entitlements shall be subject to approval by the Secretary of State and reviewed annually. Accommodation 13 1 Children’s accommodation in a centre shall be of such size and be lighted, heated, ventilated and furnished in such manner as is needed to maintain good health and human dignity. 2 Accommodation shall be provided with means by which a child may communicate at any time with a member of staff in a centre. 3 Each child shall have a separate room. Cleanliness 14 1 The manager of a centre shall ensure the cleanliness and hygiene of all parts of a centre in which children, members of staff and any others live, work, or otherwise have reason to be. 2 To this end the manager of a centre shall consult with the authorities responsible for environmental health and for health and safety at work. 3 The manager shall grant reasonable facilities to authorised officers of those authorities referred to in paragraph (2) for the inspection of those parts of a centre in which they have a proper interest. Beds and bedding 15 A child shall be provided with a bed and bedding adequate for warmth and good health. Part IV Reception, Transfer and Discharge Authority for detention 16 A child shall not be received into a centre without a valid order of commitment, warrant or certificate authorising his detention in custody.Search 17 1 The clothing and possessions of a child shall be searched on reception into a centre and a record kept by the manager. a Where a manager has reason to believe that a child has in his possession a prohibited article or substance and that article or substance may only be discovered by means of a search the manager may direct accordingly. b A child shall not be required to remove clothing for the purposes of a search in the sight of a person other than the members of staff conducting the search. c A search shall be carried out in the most sensitive manner possible and shall not be conducted by a member of staff acting alone. d Staff conducting a search for which the child is required to remove clothing shall be of the same gender as the child. e Where a child refuses to co-operate with a search, the minimum effort necessary to effect the search may be used and such use shall be recorded. Rule 29 shall apply to such a search. 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. Part V Discipline and Control Supervision 26 A child may be supervised by members of staff of either gender except that in circumstances where privacy would be expected supervision shall be by a member of staff of the appropriate gender. Restriction of association 27 1 Where it is necessary in the interests of a child or to maintain the good order of the centre that the association permitted to a child should be restricted, the manager may arrange for the restriction of his association in accordance with limits and guidelines approved by the Secretary of State. 2 Nothing in this rule shall restrict a child’s right to receive visits or make a complaint or consult his legal adviser, chaplain or the medical officer. Prohibited articles 28 1 The manager shall display prominently a list of prohibited articles and substances. 2 Except as provide by these rules or the manager no person may:— a bring, send, throw or cause to be taken into or out of a centre by post or otherwise, or b deposit in any place with intent that it should come into a child’s possession any prohibited substance or article. 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. Part VI Education, Training and Other Activities Education and training 32 1 Full-time education suitable to the age, ability and aptitude of a child of compulsory school age shall insofar as practicable be made available at a centre. 2 A child of compulsory school age shall be required to attend education classes and attendance at classes shall be recorded. 3 For a child over compulsory school age training or other activities suitable to his age, ability and aptitude shall be provided. 4 A child shall be encouraged to develop his potential and skills through attendance at education, training or other classes. 5 The manager, with the approval of the Secretary of State may grant permission for a child to attend educational, or training, or other facilities outside the centre. Handicrafts and hobbies 33 As far as practicable and consistent with the safety interests of both children and staff reasonable facilities for handicrafts and other hobbies shall be provided. Library 34 A library shall be provided in a centre and a child shall be allowed to have books or other items borrowed from the library, and to exchange them, under such conditions as the manager may determine. Exercise and recreation 35 1 Subject to Rule 27 a child shall be given the opportunity to associate with other children for not less than one hour each day. Association may be taken as exercise in the open air. 2 The medical officer shall decide upon the fitness of a child for exercise, sport and physical training and may excuse a child from, or modify, any such activity on medical grounds. 3 Where necessary, special arrangements shall be made, in consultation with the medical officer, for remedial physical education or therapy. 4 Where arrangements under paragraph (3) cannot be made within the centre, the manager may, with the approval of the Secretary of State grant permission for a child to attend facilities outside the centre. Part VII Religion General 36 A child shall be supported in his right to religious observance and instruction. The right of a child who does not wish to participate shall be respected. Religious denomination 37 On reception a child shall be invited to state his religious denomination, if any, and shall be allowed an opportunity to practice his religion and as far as practicable a service of religion shall be provided. Chaplains 38 1 The Secretary of State may approve such chaplains as he considers necessary to provide for the spiritual and religious needs of children in the centre. 2 A chaplain shall have reasonable access to a child of his denomination. Part VIII Social Relations and Communications Family and other relationships 39 1 A child shall be encouraged and assisted to establish and maintain good relationships with his family and agencies outside the centre as may, in the opinion of the manager, best promote the welfare of the child and his rehabilitation following release. 2 In furtherance of paragraph (1) the manager may, with the approval of the Secretary of State, grant permission for a child to visit his parents or family at such time and for such a period as he considers appropriate. Communications 40 If he has reason to believe that written or verbal communication is not consistent with a child’s welfare or well-being or where the good order of the centre may be put at risk, the manager may delay, interrupt or prevent communication to or from a child and his actions shall be reported without delay to the Board. Visits 41 1 A visit to a child shall take place within the sight of a member of staff of a centre, unless the manager directs otherwise. 2 The manager shall give directions, either generally or in relation to a visit, concerning the days and times when a child may be visited and the location and duration of a visit and the numbers of persons who may visit at any time. 3 The names and addresses of visitors shall be recorded. 4 The manager may require a visitor to be searched. 5 A search under this rule requires the consent of a visitor and if the visitor refuses such consent the manager may refuse the visitor admission to a centre. 6 Where the manager refuses admission to a visitor he shall record the reasons for doing so. Police interviews 42 A police officer may, on production of an order issued by or on behalf of the Chief Constable of the RUC, interview any child and an interview under this rule shall take place in accordance with statutory provisions in force at the time and such other conditions as the manager may impose. Legal advisers 43 1 Subject to Rule 41, a child’s legal adviser shall be admitted to the centre on production of evidence that he is the child’s legal adviser. 2 A child’s legal adviser may interview the child in the sight of but not in the hearing of a member of staff of a centre. 3 Rule 40 applies with the exception of papers or documents relating to the legal proceedings. Part IX Children’s Complaints Complaints procedure 44 1 A centre shall operate procedures for complaints and child protection which have been approved by the Secretary of State. 2 A child and his parent shall be advised about the procedures in paragraph (1) and shall be given access to written copies of these procedures. Part X Physical Welfare Medical provision 45 At a centre a separate building, or part of a building, shall be equipped, furnished and staffed in an appropriate way for the care and treatment of sick children who shall be entitled to a medical service comparable to that which is available in the community. Hygiene 46 1 A child shall be allowed adequate access to sanitation facilities and water for health and cleanliness and shall be provided with an appropriate range of toilet articles, which shall be replaced as necessary. 2 A child shall be required to wash himself to maintain an acceptable standard of personal hygiene and shall have a hot bath or shower at least once a week, unless excused by the manager or medical officer. Food 47 1 A centre shall provide sufficient food which is wholesome, nutritious, palatable, adequately presented and well prepared and which takes into account age and health and, as far as practicable, religious, or cultural requirements. 2 Unless the manager or medical officer so directs, no child shall be allowed to have any food other than that ordinarily provided. 3 The manager shall ensure that the condition, quality and quantity of food and the conditions under which it is prepared and cooked are inspected frequently and that reported shortcomings are rectified as soon as possible. 4 If a child wishes to make a complaint about the standard or amount or variety of the food in the centre he must do so as soon as possible after he has received the food, and any such complaint shall be properly considered by the manager and, where appropriate, action to remedy the complaint shall be taken at the earliest opportunity. Alcohol, drugs and tobacco 48 1 A child shall not be given or allowed to have any intoxicating liquor or drug except under a written order of the medical officer specifying the nature and quantity and the name of the child for whose use it is ordered. 2 A child under 16 shall not be allowed to smoke tobacco and a child over 16 shall not be allowed to smoke or have in his possession any tobacco except in accordance with such arrangements as may be made by the manager and approved by the Board. 3 The arrangements made under paragraph (2) shall apply to all staff and visitors to the centre. Clothing 49 1 The manager shall ensure that a child is adequately clothed. 2 The clothing to be worn in a centre, including wearing of own clothing, shall be as directed by the manager. 3 All clothing shall be kept in a clean and proper condition and arrangements shall be made for items to be changed as often as is necessary for the maintenance of good health and hygiene. Medical officer 50 1 The Board shall appoint a medical officer who shall be responsible for the care of children’s health in the centre. 2 The medical officer shall keep such records as the Board may direct. 3 The manager shall make arrangements for a medical officer to attend the centre without delay in cases of urgency. 4 A child’s request to consult a general practitioner of the same gender will be granted where practicable. 5 A child’s request for a consultation with a general practitioner of his choice will be met where it is practicable. Duties of medical officer 51 1 The medical officer shall be informed immediately about a child who appears to be seriously ill and shall ensure that the child is attended to without delay. 2 The medical officer shall as soon as practicable see those children who complain of illness or injury or who are referred to him and shall provide a report to the manager in writing about those children who may be excused education, training or recreation. 3 The medical officer shall inform the manager about anything in the centre or the treatment of children which appears to him to require consideration on medical grounds. 4 The medical officer shall pay special attention to a child whose mental condition appears to require it and, where appropriate, make any special arrangements which appear necessary for his well-being. 5 The medical officer shall as soon as is practicable visit a child who has been placed in temporary confinement, and at intervals of at least once a day thereafter, and shall record his findings. Part XI General Rules Relating To Staff General duties of members of staff 52 1 A member of staff at a centre shall:— a conform to these rules and whatever rules and regulations may be in force in a centre and shall assist and support the manager in maintaining them; b perform his duties conscientiously and shall conduct himself in a proper manner; c obey the lawful instructions of the manager. 2 A member of staff shall inform the manager immediately of any breach of these rules or any abuse or impropriety which comes to his knowledge. 3 A member of staff who is dissatisfied with the response to his complaint under paragraph (2) shall have the right to bring his concerns to the attention of the Board or one of its members. 4 If a member of staff is dissatisfied with the response of the Board to his complaint he shall have the right to bring his concerns to the attention of the Secretary of State. Contact with children 53 1 Every member of staff at a centre shall have responsibility for safeguarding and promoting the rights of children in the centre and he shall ensure that his own conduct is correct and proper at all times. 2 A member of staff at a centre shall inform the manager, or the medical officer, promptly of a child who appears to be unwell, or whose behaviour or attitude indicates, in the opinion of the member of staff, that he may be suicidal or otherwise require further attention or advice. 3 Except with the permission of the manager a member of staff shall not take part in a business or pecuniary transaction with, or on behalf of, a child. 4 Except with the permission of the manager a member of staff shall not bring in or take out, nor attempt to bring in or take out, nor knowingly allow to be brought in or taken out, to or for a child, or deposit in any place with intent that it shall come into the possession of a child, any article or substance whatsoever. Gratuities 54 1 A member of staff shall not receive an unauthorised fee, gratuity or any consideration in connection with his office. 2 If a member of staff is offered a fee, gratuity or any consideration by any person he will inform the manager. Contracts 55 Except with the permission of the Board, a member of staff shall not, directly or indirectly, have any interest in any contract or tender connected with the centre or receive a fee, gratuity or other consideration from any contractor, or from any person tendering, or any other person whatever in connection with any such contract or tender. Communications with the media, etc 56 1 Except with the permission of the Board, a member of staff shall not directly or indirectly communicate to a representative of the press, television or radio or to any other person matters which he has come to know in the course of his duties. 2 A member of staff shall not, without the permission of the Board or the Secretary of State, publish any matter or make any public statement relating to a child or the administration of a centre or concerning any of the children. Part XII Special Rules Relating to the Manager Status of manager 57 1 The manager shall be in charge of the centre. 2 The manager shall be responsible for the safety and control of all children admitted to the centre until the expiration of the period for which they are ordered to be detained. 3 The manager shall be responsible for safeguarding the rights of children, their treatment according to law and for the maintenance of good order and discipline in the centre. 4 Subject to any direction from the Board, the manager shall have authority over all members of staff at a centre. 5 The manager shall ensure the safe custody and proper disposal or use of all monies, equipment and materials in a centre and shall keep whatever records and accounts are required by direction of the Board or the Secretary of State. 6 The manager shall, subject to the approval of the Board establish and implement policies and codes of practice which comply with current statute and the requirements of the Secretary of State. Absence of a manager from a centre 58 In the absence of the manager, the centre shall be in the charge of the deputy manager or other designated member of staff who shall be competent to perform and shall perform any duties required of the manager. Powers and duties relating to members of staff 59 1 The manager shall superintend the conduct of all members of staff under his control. 2 The manager may suspend from duty any member of staff if there is prima facie evidence of misconduct or breach of these rules and shall, without delay, report the matter fully to the Board and shall carry out any directions given by the Board. 3 The manager shall deal with offences against discipline as empowered by the Board under any instruction made by the Board. 4 The manager shall record all his orders relating to the management and discipline of the centre and shall have such orders communicated to appropriate members of staff. 5 The manager shall keep such records of conduct of members of staff as the Board may determine. 6 The manager shall forward without delay any report or complaint which a member of staff wishes to make to the Board and may add any comments he feels appropriate. 7 The manager shall:— a make available to all members of staff, circulars from the Secretary of State and other documents relating to their duties, rights and responsibilities, and b ensure that members of staff have adequate opportunity to acquaint themselves with the contents of those documents. Other duties of the manager of a centre 60 1 The manager shall provide such information as the Board or the Secretary of State may direct, whether for the purpose of an annual report or not. 2 The provisions of Rules 52, 53, 54, 55 and 56 shall have effect in relation to managers as well as to members of staff. Marjorie Mowlam One of Her Majesty’s Principal Secretaries of State Northern Ireland Office Dated 21st January 1999