In a landmark case for juvenile justice, our client’s case led to a significant legal challenge against the state. Our client, Jake*, suffered serious stress under unlawful Detainee Risk Management Plans (DRMPs) imposed during his detention in NSW juvenile facilities. We successfully resolved the case. Additionally, we highlighted critical issues in the management and treatment of detainees under juvenile justice legislation.
Unlawful Detainee Risk Management Plans
They detained Jake in juvenile detention. During this time, he was subject to multiple DRMPs, imposing severe restrictions. For example, they imposed prolonged solitary confinement and handcuffing.
These conditions, meant to manage risks, were challenged as being excessively punitive and not in line with the legal standards set by the Children (Detention Centres) Act 1987. We argued that these management plans were applied in a manner that unlawfully deprived him of his residual liberty and subjected him to inhumane treatment.
Suing for unlawful conditions during detention
Jake suffered several DRMPs throughout his detention. One particular plan confined him to solitary confinement for about 56 days. During this, he was in his cell for 22 hours a day.
The legal challenge focused on the assertion that the conditions imposed by these plans did not comply with the necessary legal standards. The case argued that the application of DRMPs did not properly consider:
- Our client’s mental health,
- Additionally, the appropriateness of the physical environment,
- and they failed to provide him with adequate means to occupy himself,
Key quotes from the case include:
- “The nature and duration of the segregation was not reasonable having regard to the mental condition and development of the plaintiff.”
- “The segregation of the plaintiff…was cruel, inhuman or degrading treatment as punishment.”
Case Outcomes
The mediation process led to a settlement where the State recognized the shortcomings in the application of the DRMPs. This resolution not only provided compensation for our client, but also aimed to influence future handling of DRMPs within juvenile justice in NSW.
I need a Civil Lawyer
This case represents a critical reflection on juvenile justice practices and underscores the importance of legal oversight in the management of juvenile detainees. If you or someone you know has experienced similar treatment or is facing legal issues related to juvenile detention, it’s crucial to seek professional advice.
