Restorative Justice The Garda Model (Young Offending) Sergeant Andy Tuite Garda National Juvenile Office The Law Society Tuesday 16 th October 2007

Juvenile Diversion Programme Juvenile Diversion Programme Juvenile Liaison Officer (JLO) scheme in existence since 1963 Juvenile Liaison Officer (JLO) scheme in existence since 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 (88 Gardai and 8 Sergeants and now to be increased by 28 Gardai over the next 4 years) (88 Gardai and 8 Sergeants and now to be increased by 28 Gardai over the next 4 years) 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 S18 - Every child shall be considered for admission to the diversion programme 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

Diversion Process Offence detected & offender is child Offence detected & offender is child Investigating Garda fills out referral Investigating Garda fills out referral Director decides on action to be taken Director decides on action to be taken J.L.O. calls to home of child J.L.O. calls to home of child

Action to be taken No further action No further action Informal caution Informal caution Formal Caution (12 months supervision) Formal Caution (12 months supervision) Not suitable for inclusion Not suitable for inclusion  No admission  Repeat offender  Very Serious Offences and not in public interest  Excluded by regulation Return to local Superintendent for prosecutionReturn to local Superintendent for prosecution

The Garda Model 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 Section 29 – Garda Conference – bringing together family and relatives as well as agencies to formulate an action plan for the child

Restorative Process Offence detected and referral sent to National Juvenile Office Offence detected and referral sent to National Juvenile Office Director/JLO recommends “explore” restorative Director/JLO recommends “explore” restorative 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 letter. 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 “Victimless” crimes drugs, public order, road traffic Event preparation Event preparation Further meetings with offender/victim Further meetings with offender/victim

Role of JLO Home JLO; in area where child lives explores the options and sets up the meeting Home JLO; in area where child lives explores the options and sets up the meeting Away JLO; chairs the meeting Away JLO; chairs the meeting

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

Number of Restorative Cases Year Total

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

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 1/3 Re-offending rates 1/3 Garda Model had evolved Garda Model had evolved

Garda Model Legislated for in Children Act; ensures confidentiality/ethos/access to information Legislated for in Children Act; ensures confidentiality/ethos/access to information Voluntary; decision to divert already made, non engagement does not go to court Voluntary; decision to divert already made, non engagement does not go to court Use of two JLO’s at event Use of two JLO’s at event Gardai that are full time dedicated to working with youth and remain in post long term Gardai that are full time dedicated to working with youth and remain in post long term High level of training and understanding of RJ High level of training and understanding of RJ Part of a continuum of involvement with child Part of a continuum of involvement with child Flexible in meeting needs of child Flexible in meeting needs of child Not generally scripted Not generally scripted Offender and victim orientated Offender and victim orientated Monitoring and evaluation ongoing Monitoring and evaluation ongoing

SUMMARY The Garda Model of RJ is working well and is being well received by JLO’s and Gardai in general The Garda Model of RJ is working well and is being well received by JLO’s and Gardai in general Restorative Justice is not a panacea and should not be over sold Restorative Justice is not a panacea and should not be over sold It is not for every case It is not for every case It is time and resource consuming It is time and resource consuming Requires training if it is to be effective Requires training if it is to be effective It is an additional tool It is an additional tool It can be powerful and effective in the right place It can be powerful and effective in the right place