Due to overcrowding, special cells for mothers with babies are not always available.

Previously, female prisoners were sent across the Inland Sea to Wakayama Prefecture, making it hard for family members to visit.

In Japan, juvenile prisoners are defined as young people less than 20 years of age. All juvenile cases are first sent to a family court, where the judge may decide that the juvenile be tried by the ordinary court (as an adult).

Juveniles not tried by ordinary court are detained in juvenile training schools (typical juvenile correctional institutions); these prisoners represented 2,872 at the end of 2014.
The 52 juvenile institutions are under the responsibility of the prison administration.

Minors under 18 cannot be sentenced to the death penalty.

Foreigners who can speak Japanese are treated the same way as Japanese prisoners. Those who cannot speak Japanese are sent to particular prisons where they are required to follow Japanese language courses.
For foreign inmates, books and other reading materials in their native language can be directly purchased or donated by libraries and embassies.
Fuchu and Osaka prisons have separate accommodation blocks for foreign prisoners and some prisoners are kept in individual cells.

An administrative ordinance issued in 1998, without the introduction of a new law, effectively creating a new type of sentence, “life in prison without possibility for parole”.¹

Pre-trial detention (called police custody in Japan) can last up to 23 days per case. This period can be extended many times.
The United Nations Human Rights Committee considers this current practice of the Daiyō kangoku to be absolutely unacceptable.

The confession procedure causes countless problems.
Defendants cannot benefit from the presence of a lawyer during interrogations who would protect them from forced confessions.
“Confessions” are written in the terms chosen by the police officer (statement report). This document is evidence in court. The “confessions” presented to the judges differ from the statement made by the accused, in his own words.

The police have complete freedom to refuse or accept visitors before the court decision is made, with the exception of designated lawyers. A refusal is justified on security or disciplinary grounds.
Authorized visitors to police stations or substitute prisons can normally bring clothing and photographs to their loved ones. Books are sometimes allowed. They can be refused if they are not written in Japanese. The rules regarding the clothing that prisoners may receive are strict (for example, no hooded clothing or laces).

No statistics are available, but there are thought to be a considerable number of LGBTI prisoners.

Elderly prisoners are only considered handicapped if they have specific problems or difficulties; otherwise they receive the same treatment as ordinary prisoners. Finding a nursing-home bed for ex-inmates is also difficult once they exit the prison system, as the waiting list is particularly long.
48 Regional Sustained Community Life Support Centers for elderly and handicapped ex-offenders have been created in 47 prefectures across Japan. Hokkaido has 2 centers to serve larger areas under the council Zenteikyo. These centers support elderly and handicapped ex-offenders in rejoining life in the outside world and helping to prevent recidivism.

Old age is not, independent from other circumstances, a valid reason for early release.

Among developed economies, Japan has one of the highest percentages of elderly prisoners. Crimes committed by senior citizens have increased significantly over the past two decades, with some prisons starting to more closely resemble nursing homes.
In 2015, almost one in five prisoners was over 60 years old. Elderly criminals are generally incarcerated for pickpocketing, shoplifting, bicycle theft and other minor offences. The recidivism rate for this population is high due to lack of rehabilitation opportunities for aged and intellectually disabled prisoners. This phenomenon is creating difficulties for the penitentiary administration, a growing number of prisoners suffer from dementia or need assistance for simple tasks such as walking, bathing and eating. As a result, prison health care expenses are growing.

Read our articleSurveillance and old age
An interview with Mr. Akaike Kazumasa, criminologist and specialist in the Japanese prison system.

Minors under 18 cannot be sentenced to the death penalty.

Inmates sentenced to death are usually only informed of the date and time of execution an hour before it actually takes place. This creates significant anxiety for those awaiting execution and is also damaging for family members who must suddenly face the execution of a loved one.
The government has held that this policy spares prisoners the anguish of knowing when they are going to die.

The maintenance of family bonds is guaranteed for persons sentenced to death. Nevertheless, they are deprived of a final visit.

Executions are performed by hanging and are carried out privately.
There are 19 offences legally punishable by death, however in practice, only offences involving homicide (usually multiple homicides) are subject to the death penalty.
The Japanese government refers to the popular support for the death penalty by its citizens as grounds for maintaining it.

A considerable number of inmates sentenced to death suffer mental health problems due to continuous solitary confinement, even though law allows death row prisoners to have contact with each other (Article 36, paragraph 3 of the 2007 Penal and Detention Facilities).
Lack of prior announcement can also deprive inmates of an opportunity to challenge the legitimacy of their execution. No pardon or reprieve has ever been granted for a death row inmate.
In December 2015, the execution of an inmate from the Tokyo Detention House marked the first execution in Japan after a lay judge trial (see Defense). His sentence was never reviewed since he did not exercise his right of appeal.
Despite repeated recommendations by the Committee Against Torture and the Human Rights Committee, the government of Japan has insisted that a mandatory appeal system is not required because most defendants exercise their right of appeal.