Children who accept responsibility for committing crime may be able to avoid a criminal record by following action plans drawn up by their family and the probation services, under new measures announced yesterday. Carl O'Brien reports.
The Minister of State for Children, Mr Brian Lenihan, said the establishment of family conferences aimed to divert children from a path of criminal behaviour.
The plans may include being referred to services which would benefit the child or heighten their awareness of the consequences of criminal behaviour.
It is the latest section of the Children's Act, 2001, to be introduced and officially came into operation yesterday.
"It is a final chance for a child to avoid a criminal record and to be confronted with, and forced to face up to, his or her criminal behaviour in a supervised environment that should reduce the chances of the child descending into a life of delinquency, anti-social behaviour and crime," Mr Lenihan said.
But experts such as Dr Ursula Kilkelly, a UCC law lecturer, said family conferences and action plans would be effective only if judges and lawyers were made fully aware of the provisions.
"It has huge potential, but it remains to be seen what impact it will have," she said. "The issue of training is crucial. Have courts personnel been training? Are judges going to be in a position to divert children to the probation services?"
Services such as education or job-training programmes should also be properly resourced if action plans were to be successful, she added.
The measures will work by authorising the Children's Court to adjourn proceedings against a child and direct the Probation and Welfare Service to convene a family conference for the child.
A probation officer, along with the child's parent/relatives will formulate a plan that the court may approve or amend. If the child does not comply the court may resume proceedings.
When the plan is completed the court will review the child's compliance and may eventually dismiss charges.
Thirty new probation service staff have already been recruited and trained to prepare for the national implementation of family conferencing.
Mr Lenihan said yesterday's development would "provide a unique opportunity for victims to be heard, to express their anger and hurt in a dignified manner and possibly to receive a genuine apology and restitution".
Separately, the Government has been criticised for failing to fully implement the Children's Act. But Mr Lenihan said key provisions such as welfare conferences involving provision of health and welfare services would be officially introduced in September.