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Juvenile Offenders.

Dáil Éireann Debate, Wednesday - 7 July 2004

Wednesday, 7 July 2004

Questions (291)

Tony Gregory

Question:

301 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the number of persons aged 16 years or under who have multiple charges but are not in custodial care pending further court appearances, specifically in the district covered by Store Street Garda station, Dublin 1; if there is a strategy in place to deal with this small number of offenders who are repeatedly involved in crime in the Dublin 1 area; his views on whether after being charged on at least three separate occasions, they should be held in custody; and if he will make a statement on the matter. [20830/04]

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Written answers

I have been informed by the Garda authorities that a total of seven juveniles have been identified in the Store Street area as having multiple charges who are not in custody pending further court appearances.

On the question of whether a person charged with a number of offences should be held in custody, I draw the Deputy's attention to the fact that the decision to grant or refuse bail, or to hold a person in custody, in any particular case is a matter for the courts which are, subject only to the Constitution and the law, independent in the exercise of their judicial functions.

The Garda authorities have informed me that in 2003 an arrest referral scheme was piloted in the north central division, which includes Store Street. The scheme targets young people at risk and emphasises early intervention to refer young people to the appropriate services. I understand from the Garda authorities that the policy of the Garda Síochána when dealing with juveniles who offend is to consider the offender for inclusion in the Garda juvenile diversion programme. The programme provides that in certain circumstances, a juvenile under 18 years of age who freely accepts responsibility for a criminal incident may be cautioned as an alternative to prosecution. The Children Act 2001 placed this programme on a statutory footing and the relevant sections of the Act were commenced in May 2002.

The programme has proven to be highly successful in diverting young people away from crime by offering guidance and support to juveniles and their families. In more serious cases, juveniles are placed under the supervision of Garda juvenile liaison officers, who are specially trained members of the Garda Síochána responsible for administering the programme at local level. I am further informed that in 2003 the Garda national juvenile office received 19,915 referrals under the programme for 17,050 individual offenders. The Deputy should note that these figures are provisional and are subject to a validation process. The programme is delivered throughout the country by 85 garda and eight sergeant juvenile liaison officers who are employed full time working with juvenile offenders.

Part 4 of the Children Act 2001 introduced the concepts of restorative justice, specifically restorative cautioning and restorative conferencing, to the juvenile diversion programme. The restorative justice programme supports the victim by providing an opportunity in certain circumstances to attend a caution of the juvenile offender. The victim may take the opportunity to explain the harm done to him or her and receive an apology. Essentially, the provisions of the Children Act provide for the inclusion, where appropriate and possible, of the victim, the juvenile's family and the wider stakeholding community in the process of diversion.

To facilitate these innovative developments, most of the Garda juvenile liaison officers have now received training in mediation skills, with advanced training being provided to selected officers. Since the commencement of the relevant part of the Children Act in May 2002 and up to the end of December 2003, 135 restorative cautions and 12 restorative conferences have been held. Early assessments indicate a very high level of satisfaction from all those involved in the process.

Ongoing evaluation of restorative justice practice is being carried out by the Garda research unit. It is intended that as Garda juvenile liaison officers become more skilled in administering restorative justice, they will be able to focus on the more complex and high-risk offenders, with a view to further reducing the incidence of recidivism. To ensure the effective operation of the Garda juvenile diversion programme in accordance with section 44 of the Act, a committee to monitor the effectiveness of the programme, review all aspects of its operation and monitor the ongoing training needs of facilitators involved in restorative conferencing was established in June 2003.

In addition to the Garda juvenile diversion programme, there are 64 Garda youth diversion projects. These projects are a community-based, multi-agency crime prevention initiative which seeks to divert young persons from becoming involved — or further involved — in anti-social or criminal behaviour by providing suitable activities to facilitate personal development, promote civic responsibility and improve long-term employability prospects. By doing so, the projects also contribute to improving the quality of life within communities and enhancing Garda-community relations. As the Deputy may be aware, recent years have seen a dramatic increase in the number of these projects, from 12 in 1997 to 64 at present, a process made possible, in part, by funding under the National Development Plan 2000-2006. The locations of the new projects were decided upon according to local needs by the Garda authorities, in conjunction with my Department. Funding of €5.318 million has been allocated to these and related projects in the current year.

There are three Garda youth diversion projects currently operating in the north inner city: the NICKOL project in the Summerhill-Ballybough area, the DIME project in Hardwicke Street and the HAY project in the North Strand.

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