Youth justice conferencing in a youth detention centre

Transcription

1 10 Youth justice conferencing in a youth detention centre

2 Contents 1. Receiving and managing a referral for a young person held in a youth detention centre 2. Information for visitors at a youth detention centre 3. Pre-conference preparation 4. Youth detention centre caseworker 5. The role of a detention centre caseworker when preparing for a conference 6. Engaging a youth detention centre caseworker 7. The role of a youth justice service caseworker 8. Organising a pre-conference interview 9. Conducting a pre-conference interview 10. Pre-conference preparation with a victim 11. When the youth detention centre is a business or organisational victim 12. When the victim is a youth detention centre staff member 13. Finalising the conference details 14. Conducting a conference 15. Developing an agreement 16. Managing the post conference documentation Youth Justice Conferencing Practice Manual - Page 1 of 7

3 Purpose To explain the process and responsibilities of a convenor when arranging and conducting a youth justice conference in a youth detention centre. Legislation Youth Justice Act 1992, ss.210, , Part 5, s.47, Part 7 division 10 Youth Justice Regulations 2003, ss. 4 and 5 Public Service Act 2008, s. 87 Public Sector Ethics Act 1994 A youth detention centre is a secure facility where young people spend time in custody. A young person may be held in a youth detention centre: on remand - a court or police officer has decided it would be inappropriate for the young person to be released into the community while the outcome of a matter is being determined on a detention order - the young person has been found guilty of an offence by a court and ordered to serve a period of detention. 1. Receiving and managing a referral for a young person held in a youth detention centre A youth justice conferencing service may receive a referral for a young person who is held in a youth detention centre. This referral may be for an offence the young person committed while in the youth detention centre or for an offence committed before the young person was placed in detention, refer to chapter one Receiving a referral and chapter two Managing a referral. 2. Information for visitors at a youth detention centre Each youth detention centre has guidelines and procedures that visitors must follow when visiting a young person. The convenor ensures all pre-conference interview and conference participants are fully informed of the guidelines and procedures when visiting a youth detention centre. 3. Pre-conference preparation A convenor may be allocated a referral for a young person who is held in a youth detention centre. If possible the convenor conducts pre-conference preparation with the young person in the youth detention centre in the presence of their parent/s or carer and/or support person. Youth Justice Conferencing Practice Manual - Page 2 of 7

4 If this is not practicable, other options should be explored such as conducting preconference preparation: by teleconference with the parent/s or carer and/or support person separately with the parent/s or carer and/or support person at a different location and time by engaging a convenor from another region to conduct the pre-conference interview with the parent/s or carer and/or support person. Refer to chapter two - section 13 Allocating a referral to two convenors and section 13 Allocating a referral to a convenor from another service. 4. Youth detention centre caseworker When a young person is held in a youth detention centre, they are allocated a youth detention centre caseworker. The youth detention centre caseworker: supports the overall wellbeing of the young person helps the young person develop skills and participate in programs works together with the youth justice service caseworker to support the young person. 5. The role of a youth detention centre caseworker when preparing for a conference When preparing for a youth justice conference in a youth detention centre, the youth detention centre caseworker: assists the convenor to organise a pre-conference interview with the young person and their parent/s or carer and/or support person, refer to section eight of this chapter assists the convenor to make the arrangements for the conference at the youth detention centre provides support to the young person and their parent/s or carer assists the young person to engage a legal representative, if required liaises between the convenor and the youth justice service caseworker, refer to section seven of this chapter. A youth detention centre caseworker may participate in pre-conference preparation to: provide information about programs that may become a component of an agreement while the young person is in detention assist in determining whether the young person has the capacity to complete the possible agreement components suggested by the participants. 6. Engaging a youth detention centre caseworker The convenor contacts the team leader at the youth detention centre to assist with identifying and engaging the young person s youth detention centre caseworker. Youth Justice Conferencing Practice Manual - Page 3 of 7

5 If the convenor has any difficulty engaging staff in a detention centre, they advise their service leader who assists with this engagement. Only in exceptional circumstances should a youth detention centre caseworker attend a youth justice conference. 7. The role of a youth justice caseworker When a young person is held in a youth detention centre, they will also have a youth justice service caseworker. The convenor ensures that the youth justice service caseworker is fully informed of the young person s involvement in the youth justice conferencing process. Only in exceptional circumstances can a youth justice caseworker attend a youth justice conference. 8. Organising a pre-conference interview Before a conference is held, the convenor organises a face-to-face pre-conference interview in the youth detention centre with the young person and, where possible, their parent/s or carer and/or support person. The pre-conference interview takes place in an interview room within the youth detention centre. The young person s youth detention centre caseworker reserves the interview room or provides the name of the person for the convenor to contact to make this reservation, refer to section three of this chapter. The convenor contacts: the youth detention centre caseworker to organise a suitable time and date for the pre-conference interview, refer to section five of this chapter the young person s parent/s or carer and/or support person by telephone, where possible, to identify a suitable time and date for them to attend the pre-conference interview, refer to chapter three - section six Contacting a young person, their parents/s or carer and/or support person for a pre-conference interview. The convenor then confirms the pre-conference interview time, date and venue with the young person s parent/s or carer and/or support person. If they are attending in person, the convenor ensures they are fully informed of the guidelines and procedures when visiting a youth detention centre, refer to section two of this chapter. The convenor provides the names of the pre-conference interview participants to the youth detention centre caseworker and reception staff. 9. Conducting a pre-conference interview The convenor meets with the young person and, if present, their parent/s or carer and/or support person to conduct a pre-conference interview, refer to chapter three - section 27 Conducting a pre-conference interview with a young person. Youth Justice Conferencing Practice Manual - Page 4 of 7

6 10. Pre-conference preparation with a victim When a convenor has been allocated a referral for a young person held in a youth detention centre, the convenor contacts the victim to arrange a pre-conference interview, refer to chapter three - section 13 Contacting a victim for a pre-conference interview and section 33 Conducting a pre-conference interview with a victim and their support person. If the convenor identifies that the young person is likely to remain in detention within the timeframe considered appropriate to hold the conference, the convenor informs the victim that the conference will take place in the youth detention centre. If the victim is able to attend the youth detention centre for the conference, the convenor informs the victim of the guidelines and procedures when visiting a detention centre, refer to section two of this chapter. If the victim wishes to participate in the conference from another location, refer to chapter five - section 28 Conducting an audio or audio/visual link. If the victim wishes to participate in the conference process by providing a victim impact statement, or an audio message or audio/visual message to be presented at the conference, refer to chapter three - sections When the youth detention centre is a business or organisational victim In some cases, the police may have referred a young person in detention to a youth justice conference when an offence has occurred against youth detention centre property, for example wilful damage, refer to chapter three - section 45 Businesses or organisations as victims. 12. When the victim is a youth detention centre staff member In some cases, the police may have referred a young person in detention to a youth justice conference when a youth detention centre staff member is the victim of the offence, for example assault, refer to chapter three - section 11 Contacting a victim for a pre-conference interview and section 33 Conducting a pre-conference interview with a victim and their support person. 13. Finalising the conference details When a convenor has completed the pre-conference preparation, they finalise the conference details, refer to chapter four Finalising the conference arrangements. The convenor ensures that any required equipment is available, for example for presenting a victim impact audio or audio/visual message. 14. Conducting a conference Legislation Youth Justice Act 1992, s.269 Youth Justice Conferencing Practice Manual - Page 5 of 7

7 A youth justice conference in a detention centre follows the same process as a conference held outside a detention centre, refer to chapter five Conducting a conference. In some instances, a young person may be granted a leave of absence to attend a conference outside a youth detention centre. If the convenor believes the conference should take place outside the youth detention centre, they should discuss the matter with their service leader and manager. 15. Developing an agreement The process for developing a youth justice conference agreement when the young person is in detention is the same as for a conference outside a youth detention centre, refer to chapter six Developing a youth justice conference agreement. 16. Managing the post conference documentation The procedure for managing the post conference documentation is the same as for a conference outside a youth detention centre, refer to chapter seven Managing post conference documentation. Youth Justice Conferencing Practice Manual - Page 6 of 7