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

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) 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 Criteria for admission to Diversion Programme - accept responsibility for behaviour - accept responsibility for behaviour - 10 yrs and under yrs and under 18 -consent -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. 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.

2 types of Restorative Intervention Section 26 – Restorative Caution allowing for the presence of a victim when a formal caution is being administered. 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. 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 childs welfare 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 childs welfare

Children Act, 2001 Training Requirement Restorative Justice: training to facilitate conferences. Not mandatory but required to allow for restorative intervention. 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. 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. Victim Awareness: Allowing for better understanding of victims needs.

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

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

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

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 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 Away JLO; chairs the meeting – is neutral

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

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

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

Number of Restorative Cases GRAPH

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

Evaluation Restorative Justice Programme Pilot Programme 68 cases 1999-Aug 2001 Pilot Programme 68 cases 1999-Aug 2001 New evaluation of 147 cases from May 2002-December 2003 (ODwyer) New evaluation of 147 cases from May 2002-December 2003 (ODwyer)

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

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