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Kelvin Doherty Assistant Director Youth Justice Agency

Kelvin Doherty Assistant Director Youth Justice Agency Children England Annual Conference 27/2/2013. Journey so far. 1990’s – Quaker organised meetings 1998 – Good Friday Agreement & Review of Justice 2002 – Justice Act 2003 - 2006 Pilot project

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Kelvin Doherty Assistant Director Youth Justice Agency

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  1. Kelvin Doherty Assistant Director Youth Justice Agency Children England Annual Conference 27/2/2013

  2. Journey so far • 1990’s – Quaker organised meetings • 1998 – Good Friday Agreement & Review of Justice • 2002 – Justice Act • 2003 - 2006 Pilot project • 2006 – Queens University of Belfast evaluation • 2008 – Republic of Ireland RJ Commission recommends a YC model • 2008 – Criminal Justice Inspectorate • 2009 – Prison Reform Trust report • 2010 – Independent Youth Crime Commission for England & Wales report • November 2010 – England & Wales Green paper • 2011/12 – Centre for Social Justice report

  3. A Youth Conference is • Restorative • Safe, facilitated meeting • Participative • Enables the young person to make amends • Enables the victim to seek redress • Addresses the young person’s offending • Youth conference focuses on: • Reparative justice and meeting the needs of victims • Rehabilitative justice • Proportionality rather than retributive justice • Devolving power to the conference participants

  4. Eligibility & Suitability • Willing & Able • All offences bar those carrying mandatory sentence or offences under Terrorism Act • Serve no useful purpose

  5. Community The balanced approach Victim Young person Youth Conference Service A Youth Conference gives young offenders the opportunity to understand and makeamends to their victims for the effects of their offences and to take steps to stop offending. It involves families,victims,community and the young person in making a decision on what can be done to put right the harm caused.

  6. LEGISLATION JUSTICE{NI}ACT 2002 PPS COURT YCSco-ordinator, young person, Appropriate adult, police officer, lawyer, victim, victim supporter, appropriate others To date: approximately 15000 referrals for all areas On completion of a Conference a young person will be subject to a Youth Conference Plan (PPS) or a Youth Conference Order (Court).

  7. Conference Process:Legislative Powers • The young person may be required to: • Apologise • Make reparation to the victim, any person affected, or to the community • Make a payment to the victim not exceeding cost of replacing or repairing any damage • Submit to the supervision of an adult • Perform unpaid work or service in or for the community • Participate in activities to address her/his offending • Submit to restrictions on conduct or whereabouts • Submit to treatment for a mental condition or for alcohol/drugs dependency

  8. Referrals • Court 55% PPS 45% • Male 85% Female 15% • 95% of referrals reach full conference • 10% of plans amended in court by District Judge

  9. Referrals by Offence type • Burglary 6% • Criminal Damage 19% • Drug Offences 3% • Fraud 0.5% • Motoring 14% ** • Offences against the state 14% • Other 1% • Robbery 0.5% • Sexual Offences 1% • Theft 16% • Violence Against the Person 24%

  10. What makes a good conference • Robust Preparation • Skilled and well trained facilitators • Safety for all parties • Range of options to engage victims • Facilitation not mediation/interpretative listening • Those affected by the crime are the owners of whether there is remorse from a young person • Enabling of storytelling • Reparation is restorative • No condemnation of young person by participants

  11. Findings from Practice • 50% attendance by direct victims • 78% of plans are reparative • 84% of young people made an apology • 97% of young people were satisfied with the process • 90% of victims satisfied with the outcome of the conference but 28% thought offence to conference was too long

  12. Content of plans • Activities 81% • Apology 51% • Service to the community 21% • Education 1.5% • Restitution 17% • Reparation 47% • Restriction 19% • Supervision 4% • Treatment 1.5%

  13. Reoffending • 2005, 2006, 2007 & 2008 cohorts • Offending base rate in 2006 for community sentences 52.1%. • Youth Conference 38.4% Court = 47.4% Diversionary = 28.3% • Other sentences (Probation Order 58.6%, CRO 50%)

  14. Cont… • 2007 offending base rate for community sentences 44.1%. Youth conference 38.3% • 2008 offending base rate for community sentences 53.5%. Youth conference 45.4% • Reoffending rate for violent offences 2006 22% • Lower rates of reoffending when a victim is present in 2006 court ordered sample (12.6% differential)

  15. Challenges • Justice expert tensions • Outcomes must be proportionate to the offence • Involves devolved decision making to those effected by the crime • Repeat ‘offenders’ find it difficult compared to traditional model • The conference reaches a consensus on the Action plan content • Inter professional tensions • Maintaining Integrity of RJ model

  16. What do Young People think about their contact with the YJA? • 93% agree that the YJA supported them to desist from offending. • 94% agree that their contact with the YJA helped them understand the harm they caused.

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