Adolescents who cause Harmful Sexual Behaviour & the Criminal Justice System Yvonne Adair 8th June 2016

Background: Over the past decade Establishment of the Youth Justice Agency including the introduction of the Youth Conference restorative justice model; Referrals for harmful sexual behaviour cases both from Public Prosecution Service (PPS) and Court; Establishing strong partnerships with others, including: Health and Social Care (HSC); Specialist Services; Public Prosecution Service (PPS); Police Service of Northern Ireland (PSNI) inc. PPANI/PPU Probation Board for Northern Ireland (PBNI) – Safer Lives; AIM2/GMAP; and External Consultants

Principles: Co-ordination Communication Co-operation Collaboration Objective is to maximise the effective delivery of: Risk management Risk reduction Therapeutic intervention Good Lives Model HSB Good Practice

Current Process of Harmful Sexual Reporting through Youth Justice System in Northern Ireland PSNI (inc HSC) PPS Insufficient evidence Sufficient evidence No prosecution Diversion/prosecutio n Mitigating Public interest Child protection DYCR YCR PSR DYCR/YCR (Diversionary/Youth conference report) PSR (Pre-sentence report)

HSB Statistics Volume of referrals During 2013/14, YJA received 18 referrals (17 YPs), 9 of which were Court Ordered, the remaining Diversionary. During 2013/14, PBNI received 3 referrals. ***************** During 2014/15 YJA received 14 referrals (14 YPs), 4 of which were Court Ordered, the remainder Diversionary. During 2014/15– PBNI received 3 referrals.

HSB 2014/15 Statistics Nature of Offences indecent exposure2 making/distributing indecent images of children3 engaging in a sexual act in presence of child1 sexual assault1 intercourse with an animal1 sexual activity with child aged <13 yrs3 sexual assault with child aged <13 yrs3

HSB 2014/15 Statistics Profile of young persons who have harmed Average age at date of offence = 15 yrs (range 12-18yrs) Learning Disability = 5/14 (36%) Gender = 13 male & 1 female

Victim participation 2013/14 and 2014/ /14: (18) o Verbal statement 4 o Written statement5 o Direct victim2 o Family of victim /15: (14) o Verbal statement 4 o Written statement2 o Family of victim6 o Victim Support NI1 o Other 1

The Process Referral received - PPS/Police file inc. YP/Victim information ►Contact with YP and parent/carer ►Contact with victim and family ►substantial preparation ►liaison with Trust/Child Protection ►liaison with Police/PPU ►liaison with Specialist Services ►assessments ►restorative practice ↓ Youth Conference YP, Appropriate Adult, YCC,YDO – plus significant others who add value/purpose. (Meeting or series of meetings) ↓ DYCP/YCO Recommendation YCO with Custody PS/Court Discretion (alternative disposal)

The Youth Conference Requires more than average preparation with YP/family and victim, that is 12 to 26 weeks pre-Conference Requires considerable inter-agency consultation pre- Conference Important for YCC and YDO to have appropriate and proportionate preparation before the Conference Subtle differences in the process, that is: Statement of facts not read verbatim – YP is asked to confirm they are accepting responsibility for the offence; No focus on YP’s story; Focus on impact on the victim. Victim or representative speaks first, followed by YP; Detail of who did what is not relevant, discussion and understanding of the impact is; and Longer than the average Youth Conference – with necessary breaks.

Victims/Persons Harmed Many victims are CHILDREN, often under 13 years old (50%) Therefore, most of the preparation is with parents/carers, other family members; Young children will not attend the Conference. Huge impact on PARENTS of victims, requires: significant and in depth preparation; and going at their pace. Ongoing and future support for VICTIMS and their families. Volunteers; Signpost on; and Information – relevant and as requested.

YCO/DYCP Intervention (Risk management – Good Lives model - strengths-based) Multi-agency (Trust - Programme provider – Police) Circle of Support and Accountability Community reintegration Victim/person/family harmed Family: parent/carer contact is central for involvement in: decision making, intervention, integration and support; from beginning, throughout and until conclusion

Family Intervention & Support Shock/trauma/isolation/unsupported/loss of usual networks Shame/self blame/’done wrong’/’missed’ Strong emotions re child’s behaviour – marginalisation or collusion Trigger stress from past experiences Own abuse may emerge ACTION: Offer range of services/multi-modal Sign-post, refer, support Equip with knowledge and skills for: Self Child Other children (siblings, grandchildren etc.)

Family Intervention & Support continued Parents’ Support Group Individual/couple/family Direct, face-to-face – (one-on-one/co-work) Family support Counselling Information Education/guidance Sexual abuse Exploitation Offending Supervision Protective parenting Coping with multi-agency systems Criminal Record

Challenges Language used Denial Apparent lack of remorse (attachment issues) Learning and communication needs Worker – lack of awareness/insight/knowledge Personal distress/self care Personal/family/friends’ experiences Scepticism/doubt regarding the restorative justice process