Vol. 454 No. 2
26 Ms O'Donnell asked the Minister for Justice the way in which the juvenile liaison service operates in the context of dealing with young adolescent child abusers who have been referred to the service rather than being prosecuted by the Director of Public Prosecutions; and if she will make a statement on the matter. [10413/95]
Juvenile offenders who meet certain conditions may be dealt with under the Juvenile diversion programme as an alternative to prosecution.
These conditions are:
—that the offender is under 18 years of age on the date of commission of the offence;
—that the offender admits the offence;
—that the offender has not been cautioned previously or, having been cautioned, the circumstances are such that it is deemed appropriate to administer a further caution;
— that the parent(s) (or the guardians as the case may be) agree to co-operate with the gardaí by accepting any help or advice about the juvenile's future, or where the parents fail to co-operate, the juvenile deserves the opportunity of availing of the benefits of the programme. .le
While the consent of the juvenile party is not a condition for inclusion of a juvenile offender in the programme, their views are ascertained and given due consideration.
Since the programme is designed as an alternative to prosecution, it cannot be availed of in circumstances where there would be a bar to a prosecution, e.g. where the evidence would not sustain a prosecution.
In the majority of cases the decision as to whether or not to include a juvenile offender in the programme is a matter for the Garda Síochána. However, a juvenile offender involved in certain specified crimes, including sexual offences, can only be included in the programme on the direction of the Director of Public Prosecutions.
