heads of pacific youth courts juvenile justice fiji status report
TRANSCRIPT
Heads of Pacific Youth Heads of Pacific Youth CourtsCourts
Juvenile JusticeJuvenile JusticeFijiFiji
Status ReportStatus Report
Analysis of Fiji PrisonsAnalysis of Fiji Prisons
14 Prisons of various 14 Prisons of various sizes and capacitysizes and capacity
The prison stock is old The prison stock is old and in a very poor state and in a very poor state of repairof repair
Over 100 prisoners are Over 100 prisoners are housed in housed in accommodation that was accommodation that was condemned years agocondemned years ago
Prisoner NumbersPrisoner Numbers
0
200
400
600
800
1000
1200
1400
1997 1999 2000 2002
Prisoners
• About 1100 prisoners in system every day
• Imprisonment rate of 152:100,000
• The system operates at over capacity most of the time
Prisoner ProfilesPrisoner Profiles The majority of prisoners are The majority of prisoners are
young males young males (about 80% indigenous (about 80% indigenous Fijians)Fijians)
10% under 20 years10% under 20 years 44% under 25 years44% under 25 years Low education levelsLow education levels
AgeAge 16-1916-19 20-2520-25 26-2926-29 50+50+
NoNo.. 109109 354354 183183 3737
%% 1010 3434 1717 33
Prisoner ProfilesPrisoner ProfilesEmployment StatusEmployment Status 43% of prisoners were unemployed prior to 43% of prisoners were unemployed prior to
going to prisongoing to prison For young prisoners the rate is 57%For young prisoners the rate is 57% The largest occupation of people in The largest occupation of people in
employment prior to prison is in farming employment prior to prison is in farming (20%)(20%)
AgeAge 1717 1919 2323 2525
NoNo.. 1717 6060 5252 6767
%% 6565 6565 7777 4848
OffencesOffences
47% against property47% against property Street offences, non-violent Street offences, non-violent
offences against person or lawful offences against person or lawful authority 37%authority 37%
Non Payment of maintenance, road Non Payment of maintenance, road traffic, drunk and disorderly, traffic, drunk and disorderly, possess drug etc. 20% possess drug etc. 20%
Length of SentenceLength of Sentence
56% of prisoners have sentence 56% of prisoners have sentence less than 12 monthsless than 12 months
70% of prisoners serve less than 12 70% of prisoners serve less than 12 months after remission months after remission
Less than 14% have sentences over Less than 14% have sentences over 3 years3 years
Almost 20% have sentences less Almost 20% have sentences less than 3 monthsthan 3 months
RecidivismRecidivism
The recidivism rate is between 48% The recidivism rate is between 48% and 53%and 53%
That is, over half of the prisoners That is, over half of the prisoners released will return to prison for released will return to prison for further offences further offences
Offences are more serious each Offences are more serious each timetime
Prisons SummaryPrisons Summary Prisons operate well over their rated Prisons operate well over their rated
capacitycapacity Prisons do not meet many of the Prisons do not meet many of the
requirements of UN Minimum Standards requirements of UN Minimum Standards for Prisons or the treatment of Prisonersfor Prisons or the treatment of Prisoners
Prisoners are young and less educated Prisoners are young and less educated with few employment skills or with few employment skills or experienceexperience
Many young people are in prison for Many young people are in prison for short periods for minor offencesshort periods for minor offences
When they come back it is for more When they come back it is for more serious offencesserious offences
The Analysis Showed:The Analysis Showed:
Placing young people in Placing young people in institutions is NOT a good crime institutions is NOT a good crime prevention strategyprevention strategy
Programs that can assist Programs that can assist Prisons the mostly outside Prisons the mostly outside Prison’s controlPrison’s control
Some QuestionsSome Questions
Why are existing Community Why are existing Community Based Programs not being used Based Programs not being used by the courts?by the courts?
How does the justice system How does the justice system deal with young people?deal with young people?
Available LegislationAvailable Legislation
Probation of Offenders Act Probation of Offenders Act (passed in (passed in 1954)1954)
Community Work Act – 1994Community Work Act – 1994
Juveniles Act - 1973Juveniles Act - 1973
What can be done?What can be done?
Programs delivered by the community in the Programs delivered by the community in the community have the highest rates of success – community have the highest rates of success – Somewhere between 70-80% do not re-offendSomewhere between 70-80% do not re-offend
In many jurisdictions there are about 3 times the In many jurisdictions there are about 3 times the number of people serving their sentence in the number of people serving their sentence in the communitycommunity
In Fiji in 2003 there were 14 people registered for In Fiji in 2003 there were 14 people registered for probation – 11 juveniles and 3 adultsprobation – 11 juveniles and 3 adults
Why?Why?
CourtsCourts
Little confidence that probation orders Little confidence that probation orders will or can be properly supervised by will or can be properly supervised by DSW and that is like to ‘letting the DSW and that is like to ‘letting the offender off’offender off’
Some courts not convinced that Some courts not convinced that non-custodial sentencing worksnon-custodial sentencing works
More Analysis and ReportsMore Analysis and Reports
Four reports producedFour reports produced Identify Barriers to Community Identify Barriers to Community
Corrections – March 2004Corrections – March 2004 Review of Probation Act – April 2004Review of Probation Act – April 2004 Review of Community Work Act – April Review of Community Work Act – April
20042004 Needs Analysis of Residential Care – April Needs Analysis of Residential Care – April
- 2004- 2004
Department of Social Department of Social WelfareWelfare
Has responsibility for administration of Has responsibility for administration of non-custodial sentence programsnon-custodial sentence programs
Welfare Officers (Probation Officers) not Welfare Officers (Probation Officers) not trained in Probationtrained in Probation
No Training CourseNo Training Course No Training ManualsNo Training Manuals Many staff unaware of non-custodial Many staff unaware of non-custodial
sentencingsentencing Severe lack of resourcesSevere lack of resources
IssuesIssues
Probation of Offenders Act Probation of Offenders Act outdatedoutdated
Community Work Act not fully Community Work Act not fully implementedimplemented
Problem with Juveniles ActProblem with Juveniles Act Sentencing Options for Juveniles Sentencing Options for Juveniles Residential Care Residential Care Administrative DelaysAdministrative Delays
Juveniles ActJuveniles Act
Outdated conceptsOutdated concepts All children treated as ‘welfare’ casesAll children treated as ‘welfare’ cases Juvenile offenders often disadvantaged Juvenile offenders often disadvantaged
compared to adults convicted of same compared to adults convicted of same offenceoffence
Age cut off at 17 yearsAge cut off at 17 years Allows non-offenders to be placed on Allows non-offenders to be placed on
probation on application of the Directorprobation on application of the Director
Options for juvenile offendersOptions for juvenile offenders
Act allows for probation but Act allows for probation but generally underutilisedgenerally underutilised
11 cases recorded by DSW in 2003 11 cases recorded by DSW in 2003 DSW staff not trained in probation DSW staff not trained in probation No manuals or training programsNo manuals or training programs
Residential CareResidential Care
Offenders and those deemed in need of Offenders and those deemed in need of care and protection in same facilitiescare and protection in same facilities
Serious shortfalls in care planning Serious shortfalls in care planning Lack of training for care staffLack of training for care staff Placing children in residential care seen Placing children in residential care seen
as the ‘solution’ to the problemas the ‘solution’ to the problem Young people ‘lost’ in the systemYoung people ‘lost’ in the system Working with families of children in careWorking with families of children in care Young people placed in or remaining in Young people placed in or remaining in
care inappropriatelycare inappropriately
Issues - AdministrationIssues - Administration Police act reasonably quickly in processing Police act reasonably quickly in processing
criminal cases but serious delays where child is criminal cases but serious delays where child is victim/witness victim/witness
Courts process most criminal cases in reasonable Courts process most criminal cases in reasonable time and usually very responsive in child welfare time and usually very responsive in child welfare casescases
Not enough oversight of delays in cases where Not enough oversight of delays in cases where child is victim/witnesschild is victim/witness
DSW responds well to referrals involving DSW responds well to referrals involving allegations of abuse but fails to track cases allegations of abuse but fails to track cases
Lengthy delays in providing reports for courtsLengthy delays in providing reports for courts DSW in past detained children and young people DSW in past detained children and young people
without lawful authoritywithout lawful authority Poor child victim/witness facilities in courtsPoor child victim/witness facilities in courts
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
Addressing the IssuesAddressing the IssuesNon custodial optionsNon custodial options
developed a volunteer probation and developed a volunteer probation and community work training manualcommunity work training manual
trained selected volunteers for the pilot trained selected volunteers for the pilot programsprograms
consulted with selected magistrates regarding consulted with selected magistrates regarding the introduction of enhanced non-custodial the introduction of enhanced non-custodial sentencing optionssentencing options
trained DSW staff in the selection of volunteers trained DSW staff in the selection of volunteers and in the use of the training manualand in the use of the training manual
conducted volunteer training in Suva, Lautoka, conducted volunteer training in Suva, Lautoka, Nadi, Ba and shortly in Raki Raki and Labasa. Nadi, Ba and shortly in Raki Raki and Labasa.
Pilot ResultsPilot Results
Over 50 young people have been placed on Over 50 young people have been placed on community based orders since the pilots begancommunity based orders since the pilots began
Represents a 450% increase in offenders placed Represents a 450% increase in offenders placed on probation in 6 months compared to the on probation in 6 months compared to the whole of Fiji in 2003whole of Fiji in 2003
Early indications are that the ‘success’ rate is Early indications are that the ‘success’ rate is around 78%around 78%
Addressing the IssuesAddressing the IssuesResidential CareResidential Care
Developed basic care planning process and Developed basic care planning process and training manualtraining manual
trained staff from the Suva and Lautoka trained staff from the Suva and Lautoka offices in basic care planning offices in basic care planning
Developing alternative options for non-Developing alternative options for non-offenders. offenders.
Trained staff in counselling and care skills Trained staff in counselling and care skills at Mahaffy, Dilkusha, St Christopher’s, at Mahaffy, Dilkusha, St Christopher’s, Veilomani homes and the Boy’s CentreVeilomani homes and the Boy’s Centre
Assigned welfare officers as liaison workers Assigned welfare officers as liaison workers to each hometo each home
Introduced comprehensive minimum care Introduced comprehensive minimum care standards for children in residential carestandards for children in residential care
Improved ServicesImproved Services Created position in DSW Manager Juvenile Created position in DSW Manager Juvenile
Justice Services to give focus to improved Justice Services to give focus to improved servicesservices
Refurbished building as dedicated juvenile Refurbished building as dedicated juvenile court in Suva with experienced magistrates. court in Suva with experienced magistrates.
DSW appointed full time Court Welfare Officer DSW appointed full time Court Welfare Officer Programs for the management of young Programs for the management of young
people in residential placementpeople in residential placement Increased options for dealing with young Increased options for dealing with young
people in care, as witnesses and those in people in care, as witnesses and those in conflict with the law. conflict with the law.
Working with police to revitalize protocols that Working with police to revitalize protocols that fast track cases where a child is involvedfast track cases where a child is involved
Improved ServicesImproved Services Significant decrease in the number of Significant decrease in the number of
outstanding court reportsoutstanding court reports Criminal cases disposed by the Suva juvenile Criminal cases disposed by the Suva juvenile
court now average 64 days court now average 64 days The Chief Magistrate has made a commitment to The Chief Magistrate has made a commitment to
fast track all juvenile cases;fast track all juvenile cases; Developed the Suva and Lautoka Juvenile Courts.Developed the Suva and Lautoka Juvenile Courts. Ensured that Magistrates are trained to deal with Ensured that Magistrates are trained to deal with
juvenile matters juvenile matters Reduction in number of young people remaining Reduction in number of young people remaining
in residential placementin residential placement