Criminal Justice Act 2006

Substitution of section 186 of Act of 2001.

152.— The following section is substituted for section 186 of the Act of 2001:

“Functions of authorised person.

186.—(1) A person authorised under section 185 shall carry out inspections at least once every 12 months of each children detention school.

(2) Without prejudice to the generality of subsection (1), an authorised person shall, in carrying out an inspection of any such school, pay particular attention to—

(a) the conditions in which the children are detained and the facilities available to them,

(b) their health, safety and well-being,

(c) policies and practice concerning the preservation and development of relationships between them and their families,

(d) policies and practice concerning their discipline, care and protection, and

(e) policies and practice in relation to the normal routine of the school.

(3) The authorised person may hear complaints by children who at any time were or who are detained in a children detention school, and for that and any other purpose—

(a) may interview them and any member of the staff in the school concerned, and

(b) shall have access to records, whether in legible or non-legible form, relating to the administration of the school and the children detained therein.

(4) Any interviews with children shall be with their consent and may, if they agree, take place in private.

(5) The authorised person—

(a) shall not be an employee of any children detention school which the person inspects, and

(b) shall be independent in the exercise of his or her functions in carrying out inspections.

(6) The authorised person shall submit a report to the Minister in relation to any inspection carried out under this section and publish the report at the same time as it is so submitted.”.