Heads of Pacific Youth Courts

1. Heads of Pacific Youth Courts Juvenile Justice Fiji Status Report

2. Analysis of Fiji Prisons • 14 Prisons of various sizes and capacity • The prison stock is old and in a very poor state of repair • Over 100 prisoners are housed in accommodation that was condemned years ago

3. Prisoner Numbers • About 1100 prisoners in system every day • Imprisonment rate of 152:100,000 • The system operates at over capacity most of the time

4. Prisoner Profiles • The majority of prisoners are young males (about 80% indigenous Fijians) • 10% under 20 years • 44% under 25 years • Low education levels

5. Prisoner Profiles Employment Status • 43% of prisoners were unemployed prior to going to prison • For young prisoners the rate is 57% • The largest occupation of people in employment prior to prison is in farming (20%)

6. Offences • 47% against property • Street offences, non-violent offences against person or lawful authority 37% • Non Payment of maintenance, road traffic, drunk and disorderly, possess drug etc. 20%

7. Length of Sentence • 56% of prisoners have sentence less than 12 months • 70% of prisoners serve less than 12 months after remission • Less than 14% have sentences over 3 years • Almost 20% have sentences less than 3 months

8. Recidivism • The recidivism rate is between 48% and 53% • That is, over half of the prisoners released will return to prison for further offences • Offences are more serious each time

9. Prisons Summary • Prisons operate well over their rated capacity • Prisons do not meet many of the requirements of UN Minimum Standards for Prisons or the treatment of Prisoners • Prisoners are young and less educated with few employment skills or experience • Many young people are in prison for short periods for minor offences • When they come back it is for more serious offences

10. The Analysis Showed: • Placing young people in institutions is NOT a good crime prevention strategy • Programs that can assist Prisons the mostly outside Prison’s control

11. Some Questions • Why are existing Community Based Programs not being used by the courts? • How does the justice system deal with young people?

12. Available Legislation • Probation of Offenders Act (passed in 1954) • Community Work Act – 1994 • Juveniles Act - 1973

13. What can be done? • Programs delivered by the community in the community have the highest rates of success – Somewhere between 70-80% do not re-offend • In many jurisdictions there are about 3 times the number of people serving their sentence in the community • In Fiji in 2003 there were 14 people registered for probation – 11 juveniles and 3 adults Why?

14. Courts • Little confidence that probation orders will or can be properly supervised by DSW and that is like to ‘letting the offender off’ • Some courts not convinced that non-custodial sentencing works

15. More Analysis and Reports Four reports produced • Identify Barriers to Community Corrections – March 2004 • Review of Probation Act – April 2004 • Review of Community Work Act – April 2004 • Needs Analysis of Residential Care – April - 2004

16. Department of Social Welfare • Has responsibility for administration of non-custodial sentence programs • Welfare Officers (Probation Officers) not trained in Probation • No Training Course • No Training Manuals • Many staff unaware of non-custodial sentencing • Severe lack of resources

17. Issues • Probation of Offenders Act outdated • Community Work Act not fully implemented • Problem with Juveniles Act • Sentencing Options for Juveniles • Residential Care • Administrative Delays

18. Juveniles Act • Outdated concepts • All children treated as ‘welfare’ cases • Juvenile offenders often disadvantaged compared to adults convicted of same offence • Age cut off at 17 years • Allows non-offenders to be placed on probation on application of the Director

19. Options for juvenile offenders • Act allows for probation but generally underutilised • 11 cases recorded by DSW in 2003 • DSW staff not trained in probation • No manuals or training programs

20. Residential Care • Offenders and those deemed in need of care and protection in same facilities • Serious shortfalls in care planning • Lack of training for care staff • Placing children in residential care seen as the ‘solution’ to the problem • Young people ‘lost’ in the system • Working with families of children in care • Young people placed in or remaining in care inappropriately

21. Issues - Administration • Police act reasonably quickly in processing criminal cases but serious delays where child is victim/witness • Courts process most criminal cases in reasonable time and usually very responsive in child welfare cases • Not enough oversight of delays in cases where child is victim/witness • DSW responds well to referrals involving allegations of abuse but fails to track cases • Lengthy delays in providing reports for courts • DSW in past detained children and young people without lawful authority • Poor child victim/witness facilities in courts

22. Law and Justice Program Social Welfare Department DSW - Key Result area: Improved Justice Services and Care and Protection of Children • Barriers to the management and administration of non-custodial sentences • Improved juvenile court services • Services for young people in residential care

23. Addressing the IssuesNon custodial options • developed a volunteer probation and community work training manual • trained selected volunteers for the pilot programs • consulted with selected magistrates regarding the introduction of enhanced non-custodial sentencing options • trained DSW staff in the selection of volunteers and in the use of the training manual • conducted volunteer training in Suva, Lautoka, Nadi, Ba and shortly in Raki Raki and Labasa.

24. Pilot Results • Over 50 young people have been placed on community based orders since the pilots began • Represents a 450% increase in offenders placed on probation in 6 months compared to the whole of Fiji in 2003 • Early indications are that the ‘success’ rate is around 78%

25. Addressing the IssuesResidential Care • Developed basic care planning process and training manual • trained staff from the Suva and Lautoka offices in basic care planning • Developing alternative options for non-offenders. • Trained staff in counselling and care skills at Mahaffy, Dilkusha, St Christopher’s, Veilomani homes and the Boy’s Centre • Assigned welfare officers as liaison workers to each home • Introduced comprehensive minimum care standards for children in residential care

26. Improved Services • Created position in DSW Manager Juvenile Justice Services to give focus to improved services • Refurbished building as dedicated juvenile court in Suva with experienced magistrates. • DSW appointed full time Court Welfare Officer • Programs for the management of young people in residential placement • Increased options for dealing with young people in care, as witnesses and those in conflict with the law. • Working with police to revitalize protocols that fast track cases where a child is involved

27. Improved Services • Significant decrease in the number of outstanding court reports • Criminal cases disposed by the Suva juvenile court now average 64 days • The Chief Magistrate has made a commitment to fast track all juvenile cases; • Developed the Suva and Lautoka Juvenile Courts. • Ensured that Magistrates are trained to deal with juvenile matters • Reduction in number of young people remaining in residential placement