An Garda Sochna Restorative Justice within Diversion Programme

An Garda Síochána Restorative Justice within Diversion Programme for Youth Offenders Sergeant Andy Tuite ACJRD Jan 2013 An Garda Síochána

History of An Garda Síochána l Community based l Police drawn from that community l In 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 of An Garda Síochána l Michael Stains l “We will Police not by the force of arms but by the will of the people” An Garda Síochána

Children Act 2001 l 2001 Act placed Diversion Programme on statutory basis l l l 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 (S 26) Restorative Conference (S 29) Mediation was now a requirement to administer a formal cautions l An Garda Síochána

Diversion Programme l 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 l S 18 - Every child shall be considered for admission to a diversion programme l 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, 2001 Training Requirement Restorative Justice: training to facilitate conferences. Not mandatory but required to allow for restorative intervention. l Mediation: Training mandatory under Section 25 of the act so that JLO can administer a formal caution l Victim Awareness: Allowing for better understanding of victims needs l An Garda Síochána

Training outcomes l IIRP Real Justice Training – to use scripted format to facilitate restorative conference l 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 Events l Formal Caution with victim invited (S 26) l 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. l Garda Conference (S 29 )-Welfare focussed An Garda Síochána

Restorative Process l l l l 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 JLO l Home JLO; in area where child lives explores the options and sets up the meeting l Away JLO; chairs the meeting An Garda Síochána

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

Meeting process l l l l Introduction and ground rules Offender speaks first Victim Offenders support Victim support Discussion Agreement Plan An Garda Síochána

Types of Cases l l l l Public Order Robbery Assault Harassment Supply of drugs Criminal Damage Burglary An Garda Síochána

Distinguishing features of The Garda Model l l l l 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 Programme l Pilot Programme 68 cases 1999 -Aug 2001 l New evaluation of 147 cases from May 2002 -December 2003 (O’Dwyer) l Figures are in line with analysis carried out by Paul Mc Cold and broadly in line with figures extrapolated worldwide. An Garda Síochána

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

Restorative Justice within the Diversion Programme for Young Offenders Sergeant Andy Tuite Garda Office for Children and Youth Affairs An Garda Síochána