NENAGH COMMUNITY REPARATION PROJECT

Transcription

1 NENAGH COMMUNITY REPARATION PROJECT The aims of the Nenagh Community Reparation Project are to: Enhance community safety and protection; Develop alternative measures for less serious crime; Strengthen the community by involving victims, offenders and community members in a balanced approach to criminal behaviour; Reduce crime by increasing offender accountability to victims and the community. Background The Nenagh Community Reparation Project started as a pilot Project in restorative justice in June 1999, through the sterling efforts of the then Principal Probation Officer Mr, Martin Tansey and Judge Michael Reilly, who visited New Zealand as part of a working group looking into the work of the Probation Service. It is modelled on a similar project, operating in Timaru, New Zealand, whereby offenders are provided with a means of making reparation to their victim or community. This is an alternative way of dealing with some offenders from the Criminal Justice (Court) system. Restorative Justice is, however, not a new concept. It has, for instance, existed in some Maori communities along side the traditional justice system. The concept is also not new in Ireland and the Brehan laws are often cited as an example of community having a direct say in the justice process. Community based Restorative justice involves traditional methods of resolving conflict that are used by many cultures worldwide, including New Zealand and Canadian/Aboriginal peoples and in Ireland, both North and South. A restorative approach involves victims, offenders, families and community members in responding to crime and conflict. People who are accused of committing a crime are encouraged to b more accountable to victims and to the community and to make positive changes in their lives. A restorative approach also encourages personal healing as well as reconciliation between people who are in conflict, when that is appropriate, while protecting the safety and interests of the victims and community. Overall, a restorative approach involves balancing the needs of victims, offenders and communities while using the most appropriate form on intervention at the most appropriate time. Nenagh Community Nenagh is a town in North Tipperary of some 7,500 people, It enjoys an enviable community spirit and a good reputation for its citizens involvement in voluntary

2 activities. The Nenagh Community Reparation Project seeks to harness the moral resources and local knowledge of the community in identifying and prioritising the concerns surrounding problems of crime, disorder and crime prevention within the community. It is a partnership of community, Gardaí, the Probation Service and other relevant stakeholders, working together to address the underlying factors leading to serious problems and crime. We recognise that by dealing with these issues within the community, the offender is reformed and reintegrated back into the community. Healing rather than retribution is sought. It is important to stress that this model is not regarded as an alternative to the traditional justice system, it merely seeks to address some types of behaviour within the community rather than criminalise the offender at an early stage lest the offender be immersed in a cycle of re-offending. The Project has been instrumental in resolving the types of problems experienced by many communities today. Drugs and alcohol abuse leading to violence and criminal damage. Assaults due to poor self control or under the influence of the above. Criminal damage arising from the above. Neighbourhood disputes (fracas) leading to violence and assault charges. The project seeks to facilitate the offender in addressing their offending behaviour and problems of addiction and/or poor self control, which may have been a contributing factor in their offending. Along with addressing the contributing factors of offending behaviour, such as alcohol and drug abuse, the offender is also given the opportunity to make reparation to the community. Details of the nature of tasks completed by offenders for the benefit of the community as listed below. The victim is also central to this process and while the willingness of the victims to participate directly in the Reparation process is low, however, Aersten and Peters, 1998, write that studies show and increase from 30-50% to over 70% when the possibility for indirect mediation is presented, examples are presented below. This has certainly been the experience of this project over the last eighteen months when three offences relating to individual victims were dealt with in an indirect way resulting in satisfaction for all parties. The Nenagh Community Reparation Project, would however regard both the Gardaí and community as victims along with the individual.

3 Structure and Reparation Process The Nenagh Community Reparation Project is fully funded by the Department of Justice, Equality and Law Reform- through the Probation Service. Te current funding is 40,000 euro per annum, subject to a satisfactory annual report and Audit certificate. This amount covers wage costs, rent, accountancy fees, training and all day to day expenses. The Nenagh Community Reparation Project comprises of a total of sixteen directors representing all stakeholders. We have a Management committee and a panel of community representatives who are directly involved in the reparation process, including referrals and panel meetings, which form the core of the work. All the above are volunteers who give their time free of any monetary reward. The Project is co-ordinator is also a Probation Officer who is responsible for day to day duties and reports to the management committee. A part-time administrator/secretary is employed by the project. The volunteers, who are the mainstay of the project, meet on a regular basis and undergo training evenings covering a variety of topics, with guest speakers. They are also afforded an opportunity to discuss their experiences in panel meetings in a confidential setting. The Process The operation of the Project takes cognisance of the fundamental rights of both victim and offender and follows closely the recommendations of the draft report of the United Nations commission on Crime Prevention and Criminal Justice, Section 111 Operation of Restorative Justice Programmes. Offenders are referred to the project by the local District Court, following establishment of their guilt. An essential part of this process is that the offender makes an informed decision to participate in the Reparation Programme. They then meet with a panel comprising of the Project Co-ordinator, a member of An Garda Síochána and representatives from the community. The meetings may also be attended by the victim and any support people nominated by the victim. The purpose of the meeting is to give to offenders an opportunity to admit their guilt, contemplate on the impact of their actions on others and express remorse. At this meeting, a formal agreement is reached between those present, comprising two elements. Firstly are the actions taken to address the issues which resulted in the crime committed and secondly, reparation to the community or victim. The panel meeting consists of three parts; (A) The offender is asked to give an account of the offence, followed by the Garda representative who will give the facts of the case as presented in Court.

4 (B) There follows a discussion with questions and possible ideas on how to resolve the matter, with particular emphasis on perceived behaviour issues such as poor self control and/or addiction problems. (C) The offender and possible the victim, participate in setting up a contract of Reparation. It must be do-able and related to the offence. The contract is a two part document. (1) requiring the offender to address issues which contributed to his/her offending behaviour and (2) make reparation to the community. The contract is then presented to the Court by the Probation Officer and the case adjourned to allow time for the conditions of the contract to be completed. The Court finally disposes of the case, depending on how successfully the contract has been honoured. The matter is usually struck out on satisfactory completion of the contract. It is important to stress that the Project only deals with adults, that is those persons over the age of eighteen years, both male and female. Example of Referrals and Contracts The types of offences referred are as follows: Public Order, usually sections 4 and 6; Assault Section 2 Criminal Damage Possession of Drugs, including cannabis, ecstacy, amphetamines and cocaine for personal use; Possession of an offensive weapon. The types of problems underlying many of these offences were alcohol, drug abuse or anger control. These issues were tackled by referral to appropriate professional agencies. More recently since January 2005, we have moved on to take referrals of more serious offences and offenders with previous records. This has necessitated the panel being involved with more serious assault victims and neighbourhood disputes which have developed into violence. The victims in these cases declined to attend the panel meeting, preferring instead to meet on a one to one basis with the co-ordinator where their views were heard and reparation agreed upon. This resulted in two cases where the offenders met with their victims by arrangement and offered an apology and one case where the victim met with her attacker in the Garda station with the Gardaí and co-ordinator present. There was a satisfactory outcome for all concerned. The majority of referrals are, however, first time offenders with offences which would not normally attract a custodial sentence but would result in a conviction and/or referral to the Probation Service. The Project allows for these offenders to address their particular behaviour problem and avoid a criminal conviction which may impact on their future career. With regard to those who fail very strict criteria for a successful contract (namely a genuine expression of remorse and commitment to addressing the issue which

5 contributed to the offence) the Court is notified if the Panel feel that the offender is not suitable or has not completed the contract. The reparation element of the contract allows for an imaginative response from the participants. This has resulted in the community benefiting from both art and craft work and the offender to discover new skills. Other unpaid tasks have included: Giving up annual leave to assist disabled groups; Sponsored walks and selling items such as the charities own cards to raise money; Contributing towards improving the community environment by helping the Tidy Towns Group. This resulted in the offender continuing to help long after his contract was completed. Producing window boxes, filled flower tubs and bird tables at own expense. Meeting with representatives of Refugee Council to acquire a greater understanding of non-nationals. Many items are donated to the various Nenagh groups such as the Day Care centre, for the enjoyment of their clients. Statistics The Project is very aware of the need to compile statistics on both recidivism and views of the participants. From its inception, the Project has sought to be independently evaluated and to this end, a base line study was commissioned in Since then a further independent evaluation has been completed in Gardaí have been moist co-operative in providing information to ascertain re-offending and this has provided us with accurate recidivism figures. The statistics are as follows: It must be stressed that these are stand alone figures and should not be compared with recidivism rates for Probation or any other offender disposal. RECIDIVISM RATES: 1999/2006 Year No. of Referrals No. Re-offended 1999/

6 % Re-offended 82% Success Rate It is interesting to note that in the past two years none of the participants have been convicted of subsequent offences. The following are comments from participants of the Nenagh Community Reparation Project as taken from evaluation forms on completion of their contracts: I can feel some changes in myself, it made me think about what I did, it is a fair way to give people a chance when they make trouble. (Comment from persistent offender, previously sentenced to St. Pat s for more serious offences) I would be more aware of my emotions and how to overcome them through anger management. Everyone benefited. It gives people a chance to repay to the community for a wrong done. (first time offender) It gave me a chance to make up for my mistake by doing something I enjoy. I have changed a lot of things in my life. It is an opportunity to make amends to the community for a crime. If you complete the project you won t have a criminal record for a first offence. It taught me to be more aware of the law and how it operates. It also made me realise you should always check your pockets before going out the door. I was delighted to have ended with a clean slate. I met the person (victim) and apologised to him before the Court. It was very fair and I was delighted with the outcome. I learnt to respect the Gardaí - they were only doing their job. Brilliant way to put something back into the community and to learn from your mistake. Opportunity to improve without criminal conviction. Not as easy as I thought. Change of attitude. Also new skills. Counselling very good, and it wakes you up to a lot of things.

7 The Nenagh Community Reparation Project is unique in that it operates through the Criminal Justice System, and is based solely in the community. An example of the community taking care of its own. Furthermore it deals only with adults and whereas the Children s Act allows for a similar process, this Project has no legislative basis. Previous reports have mentioned the problem of our non statutory basis and the perception of its experimental nature by visiting Judges which impacts on the number of referrals. As previously mentioned, the Reparation project is not mooted as an alternative, but an addition to the community sanctions available to the Courts. It is also acknowledged that such a process is limited by its very nature to areas where there is a good voluntary base and fairly static community. Other models may be more suitable to inner city areas and towns where there is a transient population. It is also acknowledged that the Project deals mainly with low tariff offences. It is important to stress however that the Project s value lies in being instrumental in diverting offenders from more serious offending by a timely intervention, ( a stitch in time save nine ) coupled with our emphasis on addressing potentially serious offending behaviour. This is a community based initiative and is wholly dependant on the consent, goodwill and participation by community members. It is to their eternal credit that they have chosen to become engaged in such a service, whereby they endeavour to work from within the community with problems which emerge from that community. They give their services entirely free of charge which has enable this Project to operate with such small budget. To conclude- The Project would not be possible without the commitment and support of the Judiciary, continuing participation of the Gardai and funding by the Probation Service. The unprecedented publicity over the last two years and award of exceptional achievement, voted by the citizens of Nenagh, is testament to the enormous pride and confidence in this project. It is an excellent example of community, in the real sense of the word. Working together for a common goal. The last word, I will leave to Judge Barry Stuart (Restorative Justice International Perspectives 1996) Crime (control and prevention) should never be the sole, or even primary business of the state if real differences are sought in the well-being of individuals, families and communities. The structure procedures and evidentiary rules of the formal criminal justice process coupled with most justice officials lack of knowledge and connection to (the parties) effected by crime, preclude the state from acting alone to achieve Transformative changes.