Heads of Pacific Youth Courts Juvenile Justice Fiji Status Report

Analysis of Fiji Prisons 14 Prisons of various sizes and capacity 14 Prisons of various sizes and capacity The prison stock is old and in a very poor state of repair The prison stock is old and in a very poor state of repair Over 100 prisoners are housed in accommodation that was condemned years ago Over 100 prisoners are housed in accommodation that was condemned years ago

Prisoner Numbers About 1100 prisoners in system every day Imprisonment rate of 152:100,000 The system operates at over capacity most of the time

Prisoner Profiles The majority of prisoners are young males (about 80% indigenous Fijians) The majority of prisoners are young males (about 80% indigenous Fijians) 10% under 20 years 10% under 20 years 44% under 25 years 44% under 25 years Low education levels Low education levelsAge No %

Prisoner Profiles Employment Status 43% of prisoners were unemployed prior to going to prison 43% of prisoners were unemployed prior to going to prison For young prisoners the rate is 57% For young prisoners the rate is 57% The largest occupation of people in employment prior to prison is in farming (20%) The largest occupation of people in employment prior to prison is in farming (20%)Age No %

Offences 47% against property 47% against property Street offences, non-violent offences against person or lawful authority 37% Street offences, non-violent offences against person or lawful authority 37% Non Payment of maintenance, road traffic, drunk and disorderly, possess drug etc. 20% Non Payment of maintenance, road traffic, drunk and disorderly, possess drug etc. 20%

Length of Sentence 56% of prisoners have sentence less than 12 months 56% of prisoners have sentence less than 12 months 70% of prisoners serve less than 12 months after remission 70% of prisoners serve less than 12 months after remission Less than 14% have sentences over 3 years Less than 14% have sentences over 3 years Almost 20% have sentences less than 3 months Almost 20% have sentences less than 3 months

Recidivism The recidivism rate is between 48% and 53% The recidivism rate is between 48% and 53% That is, over half of the prisoners released will return to prison for further offences That is, over half of the prisoners released will return to prison for further offences Offences are more serious each time Offences are more serious each time

Prisons Summary Prisons operate well over their rated capacity Prisons operate well over their rated capacity Prisons do not meet many of the requirements of UN Minimum Standards for Prisons or the treatment of Prisoners Prisons do not meet many of the requirements of UN Minimum Standards for Prisons or the treatment of Prisoners Prisoners are young and less educated with few employment skills or experience Prisoners are young and less educated with few employment skills or experience Many young people are in prison for short periods for minor offences Many young people are in prison for short periods for minor offences When they come back it is for more serious offences When they come back it is for more serious offences

The Analysis Showed: Placing young people in institutions is NOT a good crime prevention strategy Placing young people in institutions is NOT a good crime prevention strategy Programs that can assist Prisons the mostly outside Prison’s control Programs that can assist Prisons the mostly outside Prison’s control

Some Questions Why are existing Community Based Programs not being used by the courts? Why are existing Community Based Programs not being used by the courts? How does the justice system deal with young people? How does the justice system deal with young people?

Available Legislation Probation of Offenders Act (passed in 1954) Probation of Offenders Act (passed in 1954) Community Work Act – 1994 Community Work Act – 1994 Juveniles Act Juveniles Act

What can be done? Programs delivered by the community in the community have the highest rates of success – Somewhere between 70-80% do not re-offend Programs delivered by the community in the community have the highest rates of success – Somewhere between 70-80% do not re-offend In many jurisdictions there are about 3 times the number of people serving their sentence in the community In many jurisdictions there are about 3 times the number of people serving their sentence in the community In Fiji in 2003 there were 14 people registered for probation – 11 juveniles and 3 adults In Fiji in 2003 there were 14 people registered for probation – 11 juveniles and 3 adultsWhy?

Courts Little confidence that probation orders will or can be properly supervised by DSW and that is like to ‘letting the offender off’ Little confidence that probation orders will or can be properly supervised by DSW and that is like to ‘letting the offender off’ Some courts not convinced that non- custodial sentencing works Some courts not convinced that non- custodial sentencing works

More Analysis and Reports Four reports produced Identify Barriers to Community Corrections – March 2004 Identify Barriers to Community Corrections – March 2004 Review of Probation Act – April 2004 Review of Probation Act – April 2004 Review of Community Work Act – April 2004 Review of Community Work Act – April 2004 Needs Analysis of Residential Care – April Needs Analysis of Residential Care – April

Department of Social Welfare Has responsibility for administration of non- custodial sentence programs Has responsibility for administration of non- custodial sentence programs Welfare Officers (Probation Officers) not trained in Probation Welfare Officers (Probation Officers) not trained in Probation No Training Course No Training Course No Training Manuals No Training Manuals Many staff unaware of non-custodial sentencing Many staff unaware of non-custodial sentencing Severe lack of resources Severe lack of resources

Issues Probation of Offenders Act outdated Probation of Offenders Act outdated Community Work Act not fully implemented Community Work Act not fully implemented Problem with Juveniles Act Problem with Juveniles Act Sentencing Options for Juveniles Sentencing Options for Juveniles Residential Care Residential Care Administrative Delays Administrative Delays

Juveniles Act Outdated concepts Outdated concepts All children treated as ‘welfare’ cases All children treated as ‘welfare’ cases Juvenile offenders often disadvantaged compared to adults convicted of same offence Juvenile offenders often disadvantaged compared to adults convicted of same offence Age cut off at 17 years Age cut off at 17 years Allows non-offenders to be placed on probation on application of the Director Allows non-offenders to be placed on probation on application of the Director

Options for juvenile offenders Act allows for probation but generally underutilised Act allows for probation but generally underutilised 11 cases recorded by DSW in cases recorded by DSW in 2003 DSW staff not trained in probation DSW staff not trained in probation No manuals or training programs No manuals or training programs

Residential Care Offenders and those deemed in need of care and protection in same facilities Offenders and those deemed in need of care and protection in same facilities Serious shortfalls in care planning Serious shortfalls in care planning Lack of training for care staff Lack of training for care staff Placing children in residential care seen as the ‘solution’ to the problem Placing children in residential care seen as the ‘solution’ to the problem Young people ‘lost’ in the system Young people ‘lost’ in the system Working with families of children in care Working with families of children in care Young people placed in or remaining in care inappropriately Young people placed in or remaining in care inappropriately

Issues - Administration Police act reasonably quickly in processing criminal cases but serious delays where child is victim/witness Police act reasonably quickly in processing criminal cases but serious delays where child is victim/witness Courts process most criminal cases in reasonable time and usually very responsive in child welfare cases Courts process most criminal cases in reasonable time and usually very responsive in child welfare cases Not enough oversight of delays in cases where child is victim/witness Not enough oversight of delays in cases where child is victim/witness DSW responds well to referrals involving allegations of abuse but fails to track cases DSW responds well to referrals involving allegations of abuse but fails to track cases Lengthy delays in providing reports for courts Lengthy delays in providing reports for courts DSW in past detained children and young people without lawful authority DSW in past detained children and young people without lawful authority Poor child victim/witness facilities in courts Poor child victim/witness facilities in courts

Law and Justice Program Social Welfare Department DSW - Key Result area: Improved Justice Services and Care and Protection of Children  Barriers to the management and administration of non-custodial sentences  Improved juvenile court services  Services for young people in residential care

Addressing the Issues Non custodial options developed a volunteer probation and community work training manual developed a volunteer probation and community work training manual trained selected volunteers for the pilot programs trained selected volunteers for the pilot programs consulted with selected magistrates regarding the introduction of enhanced non-custodial sentencing options consulted with selected magistrates regarding the introduction of enhanced non-custodial sentencing options trained DSW staff in the selection of volunteers and in the use of the training manual trained DSW staff in the selection of volunteers and in the use of the training manual conducted volunteer training in Suva, Lautoka, Nadi, Ba and shortly in Raki Raki and Labasa. conducted volunteer training in Suva, Lautoka, Nadi, Ba and shortly in Raki Raki and Labasa.

Pilot Results Over 50 young people have been placed on community based orders since the pilots began Over 50 young people have been placed on community based orders since the pilots began Represents a 450% increase in offenders placed on probation in 6 months compared to the whole of Fiji in 2003 Represents a 450% increase in offenders placed on probation in 6 months compared to the whole of Fiji in 2003 Early indications are that the ‘success’ rate is around 78% Early indications are that the ‘success’ rate is around 78%

Addressing the Issues Residential Care Developed basic care planning process and training manual Developed basic care planning process and training manual trained staff from the Suva and Lautoka offices in basic care planning trained staff from the Suva and Lautoka offices in basic care planning Developing alternative options for non- offenders. Developing alternative options for non- offenders. Trained staff in counselling and care skills at Mahaffy, Dilkusha, St Christopher’s, Veilomani homes and the Boy’s Centre Trained staff in counselling and care skills at Mahaffy, Dilkusha, St Christopher’s, Veilomani homes and the Boy’s Centre Assigned welfare officers as liaison workers to each home Assigned welfare officers as liaison workers to each home Introduced comprehensive minimum care standards for children in residential care Introduced comprehensive minimum care standards for children in residential care

Improved Services Created position in DSW Manager Juvenile Justice Services to give focus to improved services Created position in DSW Manager Juvenile Justice Services to give focus to improved services Refurbished building as dedicated juvenile court in Suva with experienced magistrates. Refurbished building as dedicated juvenile court in Suva with experienced magistrates. DSW appointed full time Court Welfare Officer DSW appointed full time Court Welfare Officer Programs for the management of young people in residential placement Programs for the management of young people in residential placement Increased options for dealing with young people in care, as witnesses and those in conflict with the law. Increased options for dealing with young people in care, as witnesses and those in conflict with the law. Working with police to revitalize protocols that fast track cases where a child is involved Working with police to revitalize protocols that fast track cases where a child is involved

Improved Services Significant decrease in the number of outstanding court reports Significant decrease in the number of outstanding court reports Criminal cases disposed by the Suva juvenile court now average 64 days Criminal cases disposed by the Suva juvenile court now average 64 days The Chief Magistrate has made a commitment to fast track all juvenile cases; The Chief Magistrate has made a commitment to fast track all juvenile cases; Developed the Suva and Lautoka Juvenile Courts. Developed the Suva and Lautoka Juvenile Courts. Ensured that Magistrates are trained to deal with juvenile matters Ensured that Magistrates are trained to deal with juvenile matters Reduction in number of young people remaining in residential placement Reduction in number of young people remaining in residential placement