Dáil Éireann Debate, Thursday - 8 March 2018
192. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his plans to ensure that persons aged between 14 and 18 years of age who gratuitously assault persons are brought to account as a determent from continuing their criminal activity; and if he will make a statement on the matter. [11068/18]
Amharc ar fhreagraThe Deputy will appreciate that the policing response to any incident of assault, or other crime, is a matter for An Garda Síochána, and that it is the function of the Director of Public Prosecutions to decide independently if a prosecution should be taken. Likewise, the imposition of particular penalties on those found guilty of offences is a matter for the Courts.
The statutory framework relating to young offenders is set out in the Children Act 2001. The Act requires the various authorities within the youth justice system to apply a series of incremental measures, ranging from diversion to community sanctions, with detention as a last resort.
The first main filter in the youth justice system is the Garda Diversion Programme, which, depending on the seriousness of the offence, may include an informal caution (without supervision) and a formal caution (with supervision), which are given to the young offender by a Garda Juvenile Liaison Officer. The Diversion Programme also incorporates elements of Restorative Justice including processes whereby the victim of the offence is provided the opportunity to meet with or have views presented to the young offender.
In addition, Garda Youth Diversion Projects (GYDPs) operate at local level as a further support to the Diversion Programme. The GYDPs aim to support young people to develop and mature through positive interventions and interactions with a local project. GYDPs provide a range of education and training programmes e.g. academic support, IT, employment preparation and specific job training.
The second main filter provided in the Children Act is the range of non-custodial sanctions available to the courts including court orders for dismissal; conditional discharge; the payment of fines or costs; compensation and the binding over of parents, and orders imposing a community sanction involving a suite of Probation Service supervised sanctions. In supervising community sanctions, the Probation Service uses the services of a number of community-based organisations with dedicated resources to work with young offenders.
Finally, and as a last resort, detention may be used.
