Qld teen held in solitary confinement for all but a minute a day

The Department of Children and Youth Justice claim information given to court that indicated a 13-year-old boy was held in solitary confinement for all but 60 seconds a day didn’t tell the whole story.

The Department of Children and Youth Justice claim information given to court that indicated a 13-year-old boy was held in solitary confinement for all but 60 seconds a day didn’t tell the whole story.

A Queensland judge had earlier called on government ministers to investigate the treatment of a 13-year-old boy who was held in solitary confinement for all but 60 seconds a day while on remand at the Cleveland Youth Detention Centre in Townsville.

Judge Alexander Horneman-Wren said the boy had been subjected to the “harshest of conditions” with 11 of his 32 days in custody spent in confinement for 23 hours and 59 minutes a day.

The judge said the 60 seconds not in confinement appeared to be a “calculated contrivance” to avoid the mandatory obligation to report the practice to the Chief Executive.

The treatment came to the attention of the courts when the boy, under the pseudonym Nathan, applied for bail in the Childrens Court of Queensland in March.

Cleveland Youth Detention Centre in Townsville.

The Department of Children and Youth Justice on Monday afternoon said further investigations into the separation of the boy showed he may not have been kept alone for as long as was reported to the court by the facility.

“Logbooks and other records show the exact times a young person is or is not in their room,” a department spokesman said.

“A subsequent review of logbooks shows the young person in this case spent significant periods out of their room during the times he was recorded as ‘separated’.

“We are currently working to develop detailed automated reporting from our information systems so we can better meet requests of this nature from courts to ensure they receive more fulsome and detailed information in the future.”

The spokesman said only “broad information” had been provided to the court for the purpose of the bail application.

“The information did not detail the need for the separations, the relevant approvals and the amount of time the young person spent out of his room during the separation and the range of supports they received,” he said.

“Youth detention centres are complex and difficult environments, and practices used in the centres are designed to ensure the safety of staff and young people at all times.

“A separation is an event that requires young people to be secured (separated) in their rooms and can occur in response to a number of situations, including emergencies and other types of incidents, as well as health, safety and security requirements, and staff shortages.”

The comments come after a decision was published this week.

According to the decision, the boy was charged on February 12 with six offences including unlawful use of a motor vehicle, dangerous operation of vehicle, evading police, and two enter premises offences.

The boy, from South East Queensland, was denied bail two days later on February 14 and remanded at the Townsville centre.

“So what are the circumstances in which Nathan is detained hundreds of kilometres from those who might provide him with love, support, guidance and hope?” Judge Horneman-Wren wrote in the decision.

“On the evidence before me, on 11 of the 32 days in which he has been in detention, he has been, in effect, in what is usually called solitary confinement.”

The teen spent 11 of his 32 days in custody in confinement for 23 hours and 59 minutes a day. Picture: Matt Taylor

He said the prison had an overnight lockdown for 12 hours putting the detainees in isolation but there was also a “separation regime”.

“From what I understand from the material, that regime is usually invoked for the protection of the detained young person,” the judge said.

“There is, in that context, not a shred of evidence as to why Nathan would be detained for his protection.”

The judge said on 11 occasions, Nathan was separated for 11 hours and 59 minutes, meaning coupled with the 12-hour confinement overnight, he spent just 60 seconds not on his own on those days.

“From what I am told on this application by the applicant – and it is not contested by the respondent – if a young person in detention is separated for 12 hours, the Chief Executive must be informed and their approval for the further separation obtained,” he wrote.

“On its face, repeated separation for 11 hours and 59 minutes cannot be seen as anything other than the most calculated contrivance to avoid the oversight of the Chief Executive.

“If what I have been informed of the regulatory regime is correct, and for the purposes of delivering this decision in a timely manner, as it is imperative to do, I have not been able to fully research these issues, then these matters should be referred to the responsible ministers.”

Youth Justice Minister Leanne Linard said Monday morning that she was aware of the matters raised by Judge Horneman-Wren.

“I have asked my department for advice on the issues raised by the court,” she said.

The court heard Nathan had expressed an intention to plead guilty to the offences as soon as possible but the courts had been unable to accommodate a sentence.

A prosecutor also revealed it was unlikely the Crown would push for him to be sentenced to detention for the offending.

“It becomes cruel and unusual punishment to detain a child for what is presently an unknown period, in knowledge of the fact that he should, ultimately, in all likelihood, not be sentenced to detention for the offences for which he is being held in custody,” Judge Horneman-Wren said.

The crown had opposed Nathan’s release, submitting he was on bail for other offending at the time of his arrest.

“It says his bail ought be refused because there is an unacceptable risk that he will commit an offence that endangers the safety of the community or the safety or welfare of a person,” the judge said.

Nathan was granted bail with the judge finding his continued detention was not justified.

Originally published as Qld teen held in solitary confinement for all but a minute a day