An Garda Síochána

An Garda SíochánaAn Garda Síochána

Restorative Justice within Diversion Restorative Justice within Diversion Programme for Youth OffendersProgramme for Youth Offenders

Sergeant Andy TuiteSergeant Andy TuiteACJRD ACJRD Jan 2013Jan 2013

An Garda Síochána

History of An Garda SíochánaHistory of An Garda Síochána

Community basedPolice drawn from that communityIn relation to children – Police officers

decided to caution for offences as far back as 1963 (using common law powers)

An Garda Síochána

Comment by first Commissioner Comment by first Commissioner of An Garda Síochánaof An Garda Síochána

Michael Stains“We will Police not by the force of arms but

by the will of the people”

An Garda Síochána

Children Act 2001Children Act 2001

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) Mediation was now a requirement to administer a formal

cautions

An Garda Síochána

Diversion ProgrammeDiversion Programme

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

S18 - Every child shall be considered for admission to a

diversion programme

Criteria for admission to Diversion Programme - accept responsibility for behaviour - 10 yrs and under 18 -they must consent to being cautioned

An Garda Síochána

Children Act, 2001Children Act, 2001 Training Requirement 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

An Garda Síochána

Training outcomesTraining 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 use of proper language and listening skills

An Garda Síochána

Restorative EventsRestorative Events

Formal Caution with victim invited (S26)The Director may invite any victim whose

views in relation to the child’s criminal behaviour have been considered to be present at the administration of a formal caution.

Garda Conference (S29 )-Welfare focussed

An Garda Síochána

Restorative ProcessRestorative Process

Offence detected and referral sent to Garda Office for Children and Youth Affairs

Director/JLO recommends “explore” restorative 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 letter.

“Victimless” crimes drugs, public order, road traffic Event preparation Further meetings with offender/victim

An Garda Síochána

Role of JLORole of JLO

Home JLO; in area where child lives explores the options and sets up the meeting

Away JLO; chairs the meeting

An Garda Síochána

Restorative meetingRestorative meeting

Venue; halls, churches, Garda Station, schools, hotel

Room lay out and seatingArrivalsBreakout roomsRefreshmentsDeparture plan

An Garda Síochána

Meeting processMeeting process

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

An Garda Síochána

Types of CasesTypes of Cases

Public Order Robbery Assault Harassment Supply of drugs Criminal Damage Burglary

An Garda Síochána

Distinguishing features ofDistinguishing features of The Garda Model 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

An Garda Síochána

Evaluation Restorative Justice Evaluation Restorative Justice ProgrammeProgramme

Pilot Programme 68 cases 1999-Aug 2001

New evaluation of 147 cases from May 2002-December 2003 (O’Dwyer)

Figures are in line with analysis carried out by Paul Mc Cold and broadly in line with figures extrapolated worldwide.

An Garda Síochána

Preliminary findingsPreliminary findings

Over 93% victim satisfactionJ.L.O. very positive – better wayInvestigating Garda – very positiveChild who offended - Not an easy optionRe-offending rates 1/3Garda Model had evolved

An Garda Síochána

Restorative Justice within the Restorative Justice within the Diversion Programme for Young Diversion Programme for Young

OffendersOffenders

Sergeant Andy TuiteSergeant Andy Tuite

Garda Office for Children and Youth AffairsGarda Office for Children and Youth Affairs