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Custodial Rules for Juveniles

According to the Criminal Procedure Law, the police shall detain arrested juvenile criminals for 48 h and the public prosecutor shall detain them for 24 h. As previously noted, prosecutors may apply for the detention within 10 days and be able to extend it for another 10 days. This process is the same as that of arrested adult criminals.

The Juvenile Law serves as the foundation of the most important custodial rules at each stop along the justice system, including at the juvenile classification home, the detention house, the juvenile training school or prison, the children’s self-reliance support facility, or a foster home. Additional guidance on custodial rules also appears in criminal procedure law, Rule of Disposition Juvenile, the Act of Revised Juvenile Training School of 2015 (or, the revised Act related to juvenile training schools), and the Act of juvenile classification homes. As of October 2015, there are 52 juvenile classification homes, 52 juvenile training schools, and 7 juvenile prisons in Japan.

Year

Juveniles in Detention2

Juveniles in Custody3

Juvenile

Prisoners4

Total Number of Confined Juveniles5

Juvenile Incarceration, Custody & Detention Rate (Per: 100,000 Juveniles)

2004

21,031

5,300

86

26,419

206.2

2005

19,626

4,878

86

24,590

194.7

2006

18,171

4,482

52

22,705

182.6

2007

15,800

4,074

42

19,916

162.4

2008

15,098

3,971

63

19,132

196.1

2009

14,559

3,962

54

18,575

192.3

2010

13,639

3,619

29

17,287

178.8

2011

13,189

3,486

49

16,724

173.7

2012

12,547

3,489

39

16,075

167.4

2013

11,491

3,193

31

14,715

153.8

2014

10,194

2,872

39

13,105

111.8

Source : 1. White Paper on Crime (Ministry of Justice, 2005-2015).

  • 2. This table is constructed by the author, using data from the Ministry of Justice.
  • 3. Branch facilities are included in these numbers

Figure 10.3. Number of juveniles confined (detention, custody, and incarceration) at juvenile facilities run by the Ministry of Justice in Japan (2004-2014).

The juvenile classification home serves as a place of detention for a temporary period (usually less than 2 weeks) until a formal decision is made by the Family Court. Therefore, an important statistic in the discussion of juveniles in detention is the number of confined juveniles at a given time. According to Fig. 10.3a, the number of juveniles in custody at juvenile training schools has decreased by 45.8 %, from 5300 in 2004 to 2872 in 2014. The number of confined foreign juveniles at juvenile training schools was around 90 in 2008 (Ayukawa 2011). Of the total number of confined juveniles, about 2.5 %> are from other countries.

 
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