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Restorative Justice within the Juvenile Diversion Programme Sergeant Andy Tuite Garda National Juvenile Office IYJS co

Restorative Justice within the Juvenile Diversion Programme Sergeant Andy Tuite Garda National Juvenile Office IYJS conference 6 th and 7 th March 2007. Juvenile Diversion Programme. 2001 Act placed Diversion Programme on statutory basis

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Restorative Justice within the Juvenile Diversion Programme Sergeant Andy Tuite Garda National Juvenile Office IYJS co

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  1. Restorative Justicewithin the Juvenile Diversion Programme Sergeant Andy TuiteGarda National Juvenile OfficeIYJS conference6th and 7th March 2007

  2. Juvenile Diversion Programme 2001 Act placed Diversion Programme on statutory basis • Created the position of Director of Diversion Programme (Garda Superintendent) • Juvenile Liaison Officer (J.L.O.) now has statutory functions • Introduced the concept of Restorative Justice into the Juvenile Justice system Restorative Cautions (S26) Restorative Conference (S29)

  3. The Diversion Programme • S18 - Every child shall be considered for admission to the diversion programme (Amended by S.123 Criminal Justice Act 2006 to include behaving Anti-Socially) • Criteria for admission to Diversion Programme - accept responsibility for behaviour - 10 yrs and under 18 -consent • The Diversion Programme is a means of dealing with children who offend in a manner other than by way of prosecution and is designed to divert the child from the courts and away from further offending.

  4. 2 types of Restorative Intervention • Section 26 – Restorative Caution allowing for the presence of a victim when a formal caution is being administered. The victims presence is not an essential ingredient for the event to be restorative. • Section 29 – Garda Conference – bringing together family and relatives as well as agencies to formulate an action plan for the child – ‘persons concerned with the child’s welfare’

  5. Children Act, 2001 Training Requirement • Restorative Justice: training to facilitate conferences. Not mandatory but required to allow for restorative intervention. • Mediation: Training mandatory under Section 25 of the act so that JLO can administer a formal caution. • Victim Awareness: Allowing for better understanding of victims needs.

  6. Training outcomes • IIRP Real Justice Training – to use scripted format to facilitate restorative conference. • Mediation training allowed for intervention between people to resolve a dispute or bring about reconciliation.

  7. Training outcomes • Within the restorative conference mediation allowed for departure from script to explore ‘issues’ • Victims were treated with better understanding and officers were aware of proper use of language when approaching victims

  8. Restorative Process • Referral arrives at the National Juvenile Office • Director/JLO recommends “explore” restorative caution • First person to consider/discuss with is the offender • If positive discuss with victim • If victim not present victims perspective represented by surrogate such as victim support, family member, Garda or a letter. • Event preparation

  9. Role of JLO • Home JLO; in area where child lives explores the options and sets up the meeting – this officer will be supervising the child • Away JLO; chairs the meeting – is neutral

  10. Restorative meeting • Venue; halls, churches, Garda Station, schools, hotel • Room lay out and seating • Arrivals • Water and tissues • Refreshments • Breakout rooms • Departure plan

  11. Meeting process • Introduction and ground rules • Offender speaks first • Victim • Offenders support • Victim support • Discussion • Agreement • Plan

  12. Types of Cases • Public Order • Robbery • Assault • Harassment • Supply of drugs • Criminal Damage • Burglary • No case should prove to be beyond us

  13. Number of Restorative CasesGRAPH

  14. Distinguishing features of The Garda Model • Protection from double jeopardy. The decision has already been made to caution • Confidentiality of proceedings • Specially trained personnel • Intervention occurs early • High level of training – restorative justice facilitator skills, mediation skills and victim awareness. • Monitoring committee appointed • Victim needs given consideration as well as offender • Offender accountability

  15. Evaluation Restorative Justice Programme • Pilot Programme 68 cases 1999-Aug 2001 • New evaluation of 147 cases from May 2002-December 2003 (O’Dwyer)

  16. Preliminary findings • Over 93% victim satisfaction • J.L.O. very positive – better way • Investigating Garda – very positive • Child who offended - Not an easy option • Re-offending rates: 1 in 3 re-offended • Garda Model had evolved

  17. Thank You Sergeant Andy Tuite Garda National Juvenile Office Harcourt Square Dublin 2.

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