DCS refutes claims of preventing attorneys access to inmate clients
KINGSTON, Jamaica—The Department of Correctional Services (DCS) is refuting reports that it is preventing attorneys from adequately meeting with their inmate clients due to restrictions on the use of electronic devices within correctional institutions.
DCS in a media release on Thursday said the concerns were cited as contributing to delays in the trial of alleged Clansman Gang leader Tesha Miller and 24 co-accused.
“The DCS wishes to clarify that it does not inhibit or restrict inmates’ constitutional and inalienable right to legal representation. This position was affirmed during discussions with the Jamaica Bar Association (JBA) on February 14, 2025, and further outlined in a letter from the commissioner of corrections, Brigadier Radgh Mason, to the JBA dated March 19, 2025,” the DCS said.
The DCS also shared excerpts from the letter below:
● The writer acknowledges that the enshrined constitutional right of an inmate to legal representation is inalienable, and as custodians for this group, steps have been employed to preserve the same. Accordingly, the provisions of The Corrections Act, 1985 and The Correctional Institution (Adult Correctional Centre) Rules, 1991 (“the Rules”), which prescribe how visits and communications between an inmate and their legal adviser(s) must be adhered to.
● Legal advisers will be permitted reasonable facilities to accommodate the scheduling of general inmate interviews, and those attending in relation to second-division inmates will be allowed entry to the correctional at a reasonable hour on any weekday. As the governing legislation is silent on Saturday visits by a legal adviser, the respective institutions are expected to permit these visits at the discretion of Superintendent A and subject to the prevailing circumstances in the correctional institution.
● In furtherance of this duty, a contact matrix for the respective institutions has been attached to enable advance notice ahead of visits by legal advisers and to afford ease of internal scheduling where applicable.
● In keeping with the legislation, all efforts will be extended to facilitate the interviewing of inmates by their legal adviser(s), this is inclusive of consultations via virtual platforms, the establishment of a conducive space for these interactions and the admittance of laptops/tablet devices to access documents electronically disclosed providing that it is safe, reasonable, justified and practicable to do so.
The department further emphasised that any alleged violation of an inmate’s rights should be formally reported.
“Once received, such complaints are treated seriously and investigated in accordance with due process and the applicable legal and institutional frameworks,” it said.
