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STOP an alternative and successful approach to juvenile crime forCASEY/ CRANBOURNE-YOUTH 12-15 years
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By Steve Beardon/Rev Paul Creasey-Uniting Church Cranbourne.
This programme is designed to work in with police and a youth curfew-and directs youth into assistance
Contents
3.1 Stop-reaction in practice
Introduction
We are proposing a special justice system be established for juveniles, recognising the special vulnerability of children and based on notions of education, reform, community service, parent responsibility, restitution and reintegration. .
At the police level a unique form of diversion be offered to juvenile first time offenders who have committed certain offences: the STOP procedure. Juveniles who volunteer for this procedure agree on a project that normally includes damage compensation and/or working or learning up to 20 hours. We propose this be added to the Childrens Act as an alternative to the formal justice system because charges are officially dropped after a successful STOP procedure. The juvenile never reaches the level of prosecution and a criminal record is avoided. With or with out legislative change the content of this programme we believe can still be implemented-and incorporated at a local level thru local councils in agreement with police and magistrates. It gives an alternative to what to do with youth apprehended..
The objective is to combat vandalism. The background of the creation of STOP is the steady increase in vandalism and the lack of any viable response to this kind of undesirable behaviour. Undesirable behaviour, which is subject to the same rules as behaviour in general. A warning by the police is seen as a ‘too soft’ response and also as insufficient in cases where damage had been caused. Current possible responses open to the judicial authorities are limited (reprimand, out-of-court fine). In addition there often is a long waiting period before prosecution and doubts regarding the educational value of this manner of proceeding.
Children and juveniles up to 15 years of age, who have committed an offence, may be referred to STOP by the police for a Stop-reaction. Starting point for the working-method of STOP is that to tolerate undesirable and punishable conduct is really rewarding it. By not taking action, it appears that this type of behaviour is acceptable and it could be repeated or become even worse. The Stop-reaction sends a signal to children and juveniles that punishable conduct will not be tolerated. Consideration to parents being held civilly accountable for damage caused by their children and the youth involved needs to be initiated. Any council adopting this programme could initiate civil action on behalf of ratepayers. The benefits of civil action are the offenders are not saddled with a criminal conviction, and councils acting on behalf of the ratepayer are also entitled to seek financial compensation and accountability on behalf of residents.
Juveniles aged 12 to 15 years, who have been taken into custody by the police for instance; destruction, shop lifting (theft) or fireworks nuisances, get the following choices: to the justice system or to STOP. Through STOP they can rectify what they did wrong without having to deal with the Public Prosecutor. During curfew hours a juvinile will be returned to their parents and assesment also made as to entry into a stop reaction procedure.
Criteria for a STOP arrangement
private and public property destruction
If these criteria are not met, the police may only refer to STOP with the permission of the Public Prosecutor.
2.2 Contents of the STOP-arrangement
Conference
A juvenile, who is referred to STOP by the police, is invited for a conference by STOP. During this conference he (he/she) will get the opportunity to tell his side of the story, the contents of the arrangement is explained as well as what is expected of him. Then the juvenile may decide if he wants to go through the-arrangement (STOP)or if he wants to be sent to the Public Prosecutor. The parents (parents/guardians) also receive in invitation to attend the conference.
Work
During the rest of the STOP-arrangement the juvenile will restore what was damaged for as much as this is possible: he will work from 2 to 20 hours and/or participate in a special learning activity. Besides that apologies are offered to the victim frequently. To confront the juvenile with the results of his actions the arrangement primarily deals with the committed offence. Therefore, the offender primarily does the work; for instance, the juvenile starts cleaning the walls that were painted with graffiti, or help out in the store where he did the shoplifting. This way the juvenile can rectify the damage he has done as much as possible. If the juvenile cannot start working at the victim’s (for instance the workplace is too dangerous or the victim does not want to be confronted with what happened), he will be placed at for instance a municipal department to clean public gardens or parks. The work will be done after school and will be attended to by an adult.
Compensation
Sometimes a juvenile cannot rectify the damage he has done. In that case (a part of) the damages have to be paid to the victim. STOP, in consultation with the victim and the juvenile, draws up a plan for compensation. For juveniles who are not legally responsible for damages, compensation arrangement attempts with the parents will be made outside of the STOP procedure.Local councils who adopt this programme could civilly seek compensation thru the civil courts, on behalf of ratepayers.
Agreements
All agreements about the content of the STOP-arrangement will be put in writing by STOP and presented to the juvenile. If he agrees with the proposal STOP will organise the activities or the learning project, and check on the possible compensation. For juveniles up to 15 years of age the parents/guardians will have to provide written permission for the execution of the agreements made with STOP.
The conclusion
When the juvenile has kept all of the agreements, the STOP-arrangement will be declared a success. STOP will send a positive message to the police and the case will be dismissed. However, if a juvenile does not keep all the agreements, STOP will advise the police to send the official report to the Public Prosecutor. The Public Prosecutor will determine further how to deal with the case. A note will be made in the judicial register regarding the juvenile and he will run the risk of having to appear before the juvenile court magistrate.
Important advantages to the STOP-procedure are:
With juveniles it is important to find out at an early stage whether or not there is an underlying problem. Punishable conduct may be an indication that something is wrong. By looking for a solution together with the juvenile and the parents, continuance of further (more serious) juvenile offences may be prevented. Drawing attention to a problem is an important task, but is expressly limited to determining the underlying problem (requests for help) and is not an actual assistance. STOP can bring parents and juveniles into contact with specialised agencies as well.
A programme for the approach of punishable conduct in children between 12 and 15. Stop-reaction. .
Many who have been taken into custody by the police, cannot be prosecuted because of their age. However, if they have committed a STOP-worthy offence (see the offences in ‘Criteria arrangement’), both they and their parents are offered a Stop-reaction. The Stop-reaction will change the behaviour of children early on so they will not come in contact with the police again. The Stop-reaction helps parents react to what has happened in a clear and effective manner. The child learns what it did wrong in the Stop-reaction and how he can make sure something like that will not happen again. Participation in the programme only occurs if the parents give their permission and are willing to actively participate.
The child and his parents are invited for a conference by STOP. Stop councillors will talk to the child about what has happened and how the mistake that was made can be rectified. The Stop-reaction can then be combined with this very well. Councillors may suggest a learning assignment to the parents and the child; for instance by doing a Stop-lesson or homework assignment, write an essay and/or apologise to the victim. In the Stop-reaction attention can be given to norms and values, laws and regulations, and how to deal with peer pressure as well. All activities of a Stop-reaction take place after the regular school hours of the child.
Besides the execution of the STOP-arrangement (Stop-reaction) a second important task can be the prevention of juvenile crime. This prevention task is interpreted in different ways.
First of all information is provided at schools on a large scale. This information is primarily targeted to youngsters from 10 to 14 years of age and is adjusted to the level of the class or group. For instance topics such as peer pressure and violation of the law will be discussed. To support this, different materials are used such as videos, lesson packets, brochures and posters. The information could take up one or more lesson periods and can be taken care of by STOP alone or in cooperation with the police and/or other partners.
STOP could be involved in projects that have as their goal, for instance, the improvement of the safety in and around schools and railway stations or the quality of life in neighbourhoods.
STOP could advise, amongst others, communities, shopkeepers and sports organisations about the approach of frequently occurring juvenile crimes, for instance in the field of vandalism, theft and nuisance situations. Within communities STOP could participate in safety policy.
The costs of executing the STOP-arrangement , the Stop-reaction (FOR YOUTH 12-15 ) and the Cranbourne Youth Traineeship Program (for youth 15-18) could be accessed through the Federal Governments National Crime Prevention Programme.or thru The State Victorian Govt..Ideally these 2 programmes could be adopted by local municipalties into their existing youth programmes and budget.
This program (STOP) is modelled on the successful Halt programme run in the Netherlands.
Locally in Cranbourne The Rev Paul Craesey of the Uniting Church would be available to head up the STOP programme in Cranbourne .
For more information -contact : Steve Beardon - 0404014142 or Rev Paul Creasey on 0417563357.