BVI Government Acknowledges Breach of Constitution in

The BVI government has acknowledged a breach of the Virgin Islands Constitution Order 2007 by detaining juveniles alongside adult inmates and is committed to addressing the issue. Plans for a juvenile rehabilitation centre are underway, with interim measures already in place at His Majesty's Prison.

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In a candid admission during the recent House of Assembly sitting, the BVI government has recognized a longstanding violation of the Virgin Islands Constitution Order 2007, which mandates the separation of juveniles from adult inmates in detention facilities. This acknowledgment came to light when Second District Representative Melvin ‘Mitch’ Turnbull, during the Eighth Sitting of the Second Session of the Fifth House of Assembly on Tuesday, September 16, 2025, highlighted the government's failure to comply with the constitutional requirements for juvenile detainees at His Majesty's Prison in Balsam Ghut since the order's enactment in 2007.

Turnbull, who has sought answers for the last ten years, pressed Health and Social Development Minister Vincent Wheatley for a resolution to this breach of law. Minister Wheatley conceded the violation, emphasizing that the current practice of placing juveniles in cells at His Majesty’s Prison is not in alignment with the Virgin Islands Constitution Order 2007, specifically Section 30, Subsection 3, which underscores the welfare and protection of children.

Wheatley revealed the government's commitment to rectifying this issue, announcing plans for a dedicated juvenile rehabilitation centre aimed at securely housing young offenders while providing therapeutic and educational programmes to support their rehabilitation and reintegration into society.

While a potential site on Crown land has been identified for the new centre, Wheatley acknowledged interim measures already in place, including a designated juvenile section within the existing prison and specific rehabilitation programmes. Additionally, a policy framework has been developed to guide the design and operation of the future facility, reflecting the most current data and practices in juvenile rehabilitation.

The Minister also highlighted the ongoing efforts to update this framework and the appointment of a Rehabilitation Officer to work closely with the Social Development Department and the Courts in developing individualised rehabilitation plans. The discussion underscored the broader implications of the current detention practices on human rights, with Turnbull urging the activation of the Human Rights Commission to provide juveniles with a platform for redress.

As the BVI government moves forward with its plans for the juvenile rehabilitation centre, the community awaits further developments and the realization of a facility that aligns with constitutional mandates and international standards for the treatment of young offenders. The establishment of such a centre not only addresses a critical legal and moral obligation but also represents a significant step towards the rehabilitation and positive reintegration of young individuals into BVI society.

Primary source: BVI News

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