Restorative JusticeRestorative JusticeThe Garda ModelThe Garda Model

(Young Offending)(Young Offending)

Sergeant Andy TuiteSergeant Andy TuiteGarda National Juvenile OfficeGarda National Juvenile Office

The Law SocietyThe Law SocietyTuesday 16Tuesday 16thth October 2007 October 2007

Juvenile Diversion Juvenile Diversion ProgrammeProgramme• Juvenile Liaison Officer (JLO) scheme in existence since Juvenile Liaison Officer (JLO) scheme in existence since

19631963• 2001 Act placed Diversion Programme on statutory basis2001 Act placed Diversion Programme on statutory basis

• Created the position of Director of Diversion Programme Created the position of Director of Diversion Programme (Garda Superintendent)(Garda Superintendent)

• Juvenile Liaison Officer (J.L.O.) now has statutory functionsJuvenile Liaison Officer (J.L.O.) now has statutory functions (88 Gardai and 8 Sergeants and now to be increased by 28 (88 Gardai and 8 Sergeants and now to be increased by 28

Gardai over the next 4 years)Gardai over the next 4 years)

• Introduced the concept of Restorative Justice into the Introduced the concept of Restorative Justice into the Juvenile Justice systemJuvenile Justice system

Restorative Cautions (S26)Restorative Cautions (S26) Restorative Conference (S29)Restorative Conference (S29)

The Diversion ProgrammeThe Diversion Programme

• S18 - Every child shall be considered for admission S18 - Every child shall be considered for admission

to the diversion programmeto the diversion programme

• Criteria for admission to Diversion ProgrammeCriteria for admission to Diversion Programme - accept responsibility for behaviour- accept responsibility for behaviour - 10 yrs and under 18- 10 yrs and under 18 -consent-consent• The Diversion Programme is a means of dealing The Diversion Programme is a means of dealing

with children who offend in a manner other than by with children who offend in a manner other than by way of prosecution and is designed to divert the way of prosecution and is designed to divert the child from the courts and away from further child from the courts and away from further offendingoffending

Diversion ProcessDiversion Process

• Offence detected & offender is childOffence detected & offender is child

• Investigating Garda fills out referralInvestigating Garda fills out referral

• Director decides on action to be Director decides on action to be takentaken

• J.L.O. calls to home of childJ.L.O. calls to home of child

Action to be takenAction to be taken

• No further actionNo further action• Informal cautionInformal caution• Formal Caution (12 months Formal Caution (12 months

supervision)supervision)• Not suitable for inclusionNot suitable for inclusion

No admissionNo admission Repeat offender Repeat offender Very Serious Offences and not in public interestVery Serious Offences and not in public interest Excluded by regulationExcluded by regulation

• Return to local Superintendent for prosecutionReturn to local Superintendent for prosecution

The Garda ModelThe Garda Model2 types of Restorative Intervention2 types of Restorative Intervention

• Section 26 – Section 26 – Restorative Caution Restorative Caution allowing allowing for the presence of a victim when a formal for the presence of a victim when a formal caution is being administeredcaution is being administered

The victims presence is not an essential The victims presence is not an essential ingredient for the event to be restorativeingredient for the event to be restorative

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

Restorative ProcessRestorative Process

• Offence detected and referral sent to National Offence detected and referral sent to National Juvenile OfficeJuvenile Office

• Director/JLO recommends “explore” restorativeDirector/JLO recommends “explore” restorative• First person to consider/discuss with is the offenderFirst person to consider/discuss with is the offender• If positive discuss with victimIf positive discuss with victim• If victim not present victims perspective If victim not present victims perspective

represented by surrogate such as victim support, represented by surrogate such as victim support, family member, Garda or letter.family member, Garda or letter.

• ““Victimless” crimes drugs, public order, road trafficVictimless” crimes drugs, public order, road traffic• Event preparationEvent preparation• Further meetings with offender/victimFurther meetings with offender/victim

Role of JLORole of JLO

• Home JLO; in area where child lives Home JLO; in area where child lives explores the options and sets up the explores the options and sets up the meeting meeting

• Away JLO; chairs the meeting Away JLO; chairs the meeting

Restorative meetingRestorative meeting

• Venue; halls, churches, Garda Station, Venue; halls, churches, Garda Station, schools, hotelschools, hotel

• Room lay out and seatingRoom lay out and seating

• ArrivalsArrivals

• Water and tissuesWater and tissues

• RefreshmentsRefreshments

• Breakout roomsBreakout rooms

• Departure planDeparture plan

Meeting processMeeting process

• Introduction and ground rulesIntroduction and ground rules

• Offender speaks first Offender speaks first

• VictimVictim

• Offenders supportOffenders support

• Victim supportVictim support

• DiscussionDiscussion

• AgreementAgreement

• PlanPlan

Types of CasesTypes of Cases

• Public OrderPublic Order

• RobberyRobbery

• AssaultAssault

• HarassmentHarassment

• Supply of drugsSupply of drugs

• Criminal DamageCriminal Damage

• BurglaryBurglary

Number of Restorative Number of Restorative CasesCases

YearYear 0202 0303 0404 0505 0606 0707

TotalTotal 2929 118118 177177 262262 309309 235235

Distinguishing features ofDistinguishing features of The Garda Model The Garda Model

• Protection from double jeopardy. The decision has Protection from double jeopardy. The decision has already been made to cautionalready been made to caution

• Confidentially of proceedingsConfidentially of proceedings• Specially trained personnelSpecially trained personnel• Intervention occurs earlyIntervention occurs early• High level of training – restorative justice facilitator High level of training – restorative justice facilitator

skills, mediation skills and victim awareness.skills, mediation skills and victim awareness.• Monitoring committee appointedMonitoring committee appointed• Victim needs given consideration as well as Victim needs given consideration as well as

offenderoffender• Offender accountabilityOffender accountability

Evaluation Restorative Justice Evaluation Restorative Justice ProgrammeProgramme

• Pilot Programme 68 cases 1999-Aug Pilot Programme 68 cases 1999-Aug 20012001

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

Preliminary findingsPreliminary findings

• Over 93% victim satisfactionOver 93% victim satisfaction

• J.L.O. very positive – better wayJ.L.O. very positive – better way

• Investigating Garda – very positiveInvestigating Garda – very positive

• Child who offended - Not an easy Child who offended - Not an easy optionoption

• Re-offending rates 1/3Re-offending rates 1/3

• Garda Model had evolvedGarda Model had evolved

Garda ModelGarda Model

• Legislated for in Children Act; ensures Legislated for in Children Act; ensures confidentiality/ethos/access to informationconfidentiality/ethos/access to information

• Voluntary; decision to divert already made, non Voluntary; decision to divert already made, non engagement does not go to courtengagement does not go to court

• Use of two JLO’s at eventUse of two JLO’s at event• Gardai that are full time dedicated to working with youth Gardai that are full time dedicated to working with youth

and remain in post long termand remain in post long term• High level of training and understanding of RJHigh level of training and understanding of RJ• Part of a continuum of involvement with childPart of a continuum of involvement with child• Flexible in meeting needs of childFlexible in meeting needs of child• Not generally scriptedNot generally scripted• Offender and victim orientatedOffender and victim orientated• Monitoring and evaluation ongoingMonitoring and evaluation ongoing

SUMMARYSUMMARY

• The Garda Model of RJ is working well and is The Garda Model of RJ is working well and is being well received by JLO’s and Gardai in being well received by JLO’s and Gardai in generalgeneral

• Restorative Justice is not a panacea and should Restorative Justice is not a panacea and should not be over soldnot be over sold

• It is not for every caseIt is not for every case• It is time and resource consumingIt is time and resource consuming• Requires training if it is to be effectiveRequires training if it is to be effective• It is an additional toolIt is an additional tool• It can be powerful and effective in the right placeIt can be powerful and effective in the right place