Correctional department rejects claims it is restricting inmates’ legal rights

The Department of Correctional Services (DCS) is dismissing reports that it is restricting inmates’ constitutional right to legal representation.

It is reacting to complaints from an attorney in the anti-gang case involving alleged Clansman leader Tesha Miller and 24 co-accused. Prosecutors sought a six-month adjournment, which a judge rejected on Wednesday.

During the arguments, defence attorney John Clarke raised the issue of lawyers allegedly being prohibited from taking electronic devices into correctional facilities, noting that some inmates have been unable to view digital disclosures despite court-issued letters intended to facilitate access.

He told the court that he was informed at one facility that while medical professionals are trusted to take in their devices, the same does not apply to lawyers.

In its statement, which is signed by its head Brigadier Radgh Mason, the DCS said it “does not inhibit or restrict inmates’ constitutional and inalienable right to legal representation”.

The department said its position was reaffirmed in discussions with the Jamaica Bar Association (JAMBAR) in February last year and subsequently outlined a month later in a letter from Mason, the commissioner of corrections, to JAMBAR.

Quoting the March 19, 2025 letter, the statement said:

“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.”

It added that the correspondence also stated:

“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 also highlighted that its policies are guided by the Corrections Act, 1985, and the Correctional Institution (Adult Correctional Centre) Rules, 1991, which prescribe how visits and communications between inmates and their legal adviser(s) must be conducted.

“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,” the DCS said.

The trial, which began Wednesday, involves allegations that Miller and the other accused were members of the Clansman Gang and engaged in multiple criminal acts in St Catherine between 2017 and 2022, including murder, attempted murder, robbery with aggravation, and illegal possession of firearms.

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