Children in Isolation at Barwon Prison (2016-17)
What was at stake
Children transferred to adult maximum security prison
What happened
After riots at the Parkville youth justice precinct, the Victorian Government transferred a group of children from Parkville to Barwon Prison, an adult maximum-security facility. These children were subsequently held in conditions that were found to amount to solitary confinement.
What the court decided
Victorian Government transferred children from Parkville to Barwon adult prison after riots. Supreme Court found the transfer unlawful. Children held in conditions amounting to solitary confinement.
How the court got there
The Supreme Court found the transfer of children to an adult maximum security prison, as well as the conditions they were held under, to be unlawful. This decision likely rested on the interpretation of relevant Victorian legislation concerning youth justice and the appropriate detention of minors, which dictates that children should be held in facilities designed for their age and developmental needs, not adult prisons, and that conditions amounting to solitary confinement are inappropriate and unlawful for children in detention.
Statutes and cases cited
- § Children, Youth and Families Act 2005 (Vic)
- § Charter of Human Rights and Responsibilities Act 2006 (Vic)
Categories
Authoritative link
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