Restorative Practices and Juvenile Offenders in Ireland

1. Restorative Practices and Juvenile Offenders in Ireland Restorative Justice

2. Juvenile Diversion Two methods of juvenile diversion • An Garda Síochána (national police force) • 14,000 Gardaí (all ranks) • 2,600 civilian staff (clerical, administrative, professional, technical) • Probation Service • 500 staff, including Probation Officers and administrative grades

3. Garda juvenile Diversion Programme • Juvenile Liaison Officer (JLO) scheme in existence since 1963 • Children Act 2001 placed the Diversion Programme on a statutory basis (operational from May 2002) • Created the position of Director of the Diversion Programme at Superintendent rank • Juvenile Liaison Officer (JLO) now has statutory functions (94 Garda JLOs and 8 Sergeant JLOs in 2007) • Introduced the concept of restorative justice into the juvenile justice system Restorative Cautions (Section 26) Restorative Conference (Section 29) Family Conference (Section 78)

4. Garda juvenile Diversion Programme Children Act 2001 • Section 18 - every child shall be considered for admission to the Diversion Programme • Criteria for admission • accepts responsibility for behaviour • aged from 10 to 18 years • consents to participate Purpose • A means of dealing with children who offend other than by way of prosecution • Designed to divert the child from the courts and away from further offending

5. Garda juvenile Diversion Programme Options under the programme • No further action • Informal caution (a formal process but no supervision period) • Formal Caution (12 months supervision) • Not suitable for inclusion in the Diversion Programme • No acceptance of responsibility • Habitual repeat offender • Very serious offences and/or not in public interest • Excluded by statutory regulation • Return to local Garda Superintendent for prosecution

6. Three types of Restorative Intervention CHILDREN ACT 2001 An Garda Síochána • Section 26 – Restorative Caution allows for the presence of a victim when a formal caution is being administered • Section 29 – Restorative Conference brings together family and relatives, as well as agencies, to formulate an action plan for the child Probation Service • Section 78 – Family Conference to consider such matters as the court considers appropriate

7. Children Act 2001Section 26 – Formal Caution • Invite a victim of the child's criminal behaviour to be present at the administration of a formal caution. • Where a victim is present, there shall be a discussion among those present about the child's criminal behaviour. • The member of the Garda Síochána administering the formal caution may invite the child • to apologise, orally or in writing or both, to the victim and • where appropriate, to make financial or other reparation to the victim.

8. Children Act 2001Section 29 – Conference A “conference” in relation to a child, means a meeting of persons concerned with the child's welfare. It has the following functions: (a) to bring together the child, the parents or guardian, other family members, relatives and other persons as appropriate, to • establish why the child became involved in the behaviour that gave rise to his or her admission to the programme • discuss how the parents or guardian, family members, relatives or any other person might help to prevent the child from becoming involved in further such behaviour • where appropriate, review the child's behaviour since admission to the programme

9. Children Act 2001Section 29 – Conference b) to mediate between the child and the victim (c) to formulate an action plan for the child (d) to uphold the concerns of the victim and have due regard to his or her interests.

10. Restorative Process • The first person consulted is the offender • If a response is positive, discussions with victim • If a victim is not present, can be represented by a surrogate (family member, victim support, Garda, etc.) • “Victimless” crimes – public order, road traffic offences, drugs • Importance of preparation of meetings with offender and victim

11. Meeting process • Introduction and ground rules • Offender usually speaks first • Victim speaks next • Offender’s support • Victim’s support • Discussion • Agreement • Plan (Apology, reparation)

12. Types of Cases • Public order • Robbery • Assault • Harassment • Supply of drugs • Criminal damage • Burglary

13. Cases referred in 2007 Total number of offending incidents: 27,853 Total number of children referred: 21,941 Children admitted to programme: 16,753 (76%) Informal cautions: 12,485 (57%)

14. Number of Restorative events

15. Principal features of the Garda Model • Consideration is given to a victim’s needs as well as offender’s needs • Protection from double jeopardy. Once the decision has been made to caution, no prosecution • 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 • Offender accountability

16. Garda Model • Statutory base ensures confidentiality, ethos, access to information • Voluntary process: decision to divert already made, non-engagement does not go to court • Use of two JLOs at event • JLOs are working full-time with youth and remain in posts longer • High level of training and understanding of RJ • Part of a continuum of involvement with child • Flexible in meeting the needs of a child • Not scripted • Offender- and victim-oriented

17. Children Act 2001Section 78 – Family Conference • Court-referred process, similar to the Garda model under Section 29 • Probation Service to convene conference within 28 days • Parents, guardian, family members • Victim, family, friends • Representatives of local health service, school, Garda Síochána, others of benefit to the child

18. Children Act 2001Section 78 – Family Conference • Young person’s criminal actions discussed with regard to their effect on the victim, the community and on the person’s family • Young person can take responsibility for behaviour and its consequences and, where possible, make amends to the victim • formulate an agreed plan

19. Family ConferenceCases referred October 2004 - January 2009: • 173 family conferencesreferred by the court • 145 conferences took place • 97 successful - completion of action plans and the disposal of the cases concerned • 48 unsuccessful cases - criminal proceedings in court were re-activated

20. Summary of responses • Over 93% of victims were satisfied (Garda diversion) • It is not easy for young people to explain their actions to their family and to apologise to a victim • RJ forces them to examine their actions and the consequences of their actions • Attending traditional court process is far less demanding on young people than diversion process • RJ works well and is considered effective by JLOs and Gardaí • RJ is not suitable for every case • It is time consuming and resource consuming • Requires training for it is to be effective • It is an additional tool in crime prevention • It can be powerful and effective in the right place

21. Restorative Justice Dominic Kelly Secretary National Commission on Restorative Justice Harcourt Centre Harcourt Street Dublin 2 IRELAND email: dojkelly@justice.ie See www.garda.ie, underPublications/Reports, for the 2007 Annual Report on the Diversion Programme, The Interim Report of the Commission is available at:http://www.justice.ie/en/JELR/Pages/Restorative_justice