The Child Youth and The Child Youth and Community Tribunal Community Tribunal

(CYCT)(CYCT)

A NEW APPROACH IN GUERNSEY & A NEW APPROACH IN GUERNSEY & ALDERNEYALDERNEY

Karen Brady, Children’s ConvenorKaren Brady, Children’s Convenor

FROM SCOTLAND TO GUERNSEYFROM SCOTLAND TO GUERNSEYFROM SCOTLAND TO GUERNSEYFROM SCOTLAND TO GUERNSEY

                                                                                                                                                    

BAILIWICK OF GUERNSEYBAILIWICK OF GUERNSEY

Guernsey, Alderney, Sark, Herm, Jethou, Lihou, Brecqhou

BAILIWICK OF GUERNSEYBAILIWICK OF GUERNSEY

Guernsey, Alderney, Sark, Herm, Jethou, Lihou, Brecqhou

                                                                                                                                                    

GUERNSEY FACTS & FIGURESGUERNSEY FACTS & FIGURESGUERNSEY FACTS & FIGURESGUERNSEY FACTS & FIGURES

Population – 62,274 (circa 13,500 under 20)Population – 62,274 (circa 13,500 under 20)

Unemployed – 498 (1.1%)Unemployed – 498 (1.1%)

Main Industry - FinanceMain Industry - Finance

Average House Price - £346,750Average House Price - £346,750

Reported Criminal Offences – 2954Reported Criminal Offences – 2954

School Leaving Age – 16 (11+ exam)School Leaving Age – 16 (11+ exam)

Legal Age to Drive a Moped (50cc) - 14 Legal Age to Drive a Moped (50cc) - 14

www.gov.ggwww.gov.gg

                                                                                                                                                    

BACKGROUNDBACKGROUNDBACKGROUNDBACKGROUND

2001 - Review of laws affecting children2001 - Review of laws affecting children

- Extensive consultation- Extensive consultation

20042004 - Proposals approved by States of - Proposals approved by States of DeliberationDeliberation

20082008 - New laws approved by the States- New laws approved by the States

20092009 - New laws approved by the Privy - New laws approved by the Privy Council Council

                                                                                                                                                    

Children (Guernsey and Alderney) Law Children (Guernsey and Alderney) Law 20082008

Criminal Justice (Children and Juvenile Criminal Justice (Children and Juvenile Court Reform) (Bailiwick of Guernsey) Court Reform) (Bailiwick of Guernsey)

Law 2008Law 2008

The Children (Miscellaneous Provisions) The Children (Miscellaneous Provisions) (Guernsey and Alderney) Ordinance (Guernsey and Alderney) Ordinance

20092009www.guernseylegalresouces.ggwww.guernseylegalresouces.gg

KEY LEGISLATIONKEY LEGISLATIONKEY LEGISLATIONKEY LEGISLATION

                                                                                                                                                    

THE CHILD YOUTH AND COMMUNITY TRIBUNAL THE CHILD YOUTH AND COMMUNITY TRIBUNAL

BASIC PRINCIPLESBASIC PRINCIPLES

• Children’s needs and deeds must be addressed Children’s needs and deeds must be addressed together,together,

• Children who offend often have the same needs and Children who offend often have the same needs and background as children in need of care and background as children in need of care and protection, protection,

• Local community is best placed to decide what Local community is best placed to decide what should happen to its children,should happen to its children,

• The role of the family is vital in addressing needs The role of the family is vital in addressing needs and deeds.and deeds.

                                                                                                                                                    

THE CHILD YOUTH AND COMMUNITY TRIBUNAL THE CHILD YOUTH AND COMMUNITY TRIBUNAL

KEY FEATURESKEY FEATURES

• Decision making by trained volunteers from local Decision making by trained volunteers from local

communitycommunity

• Deals with most child protection and child offendingDeals with most child protection and child offending

• Legal process but less formal procedureLegal process but less formal procedure

• Children’s Convenor – “gatekeeper”Children’s Convenor – “gatekeeper”

• Active participation of all partiesActive participation of all parties

• Multiagency approach to assessment and interventionMultiagency approach to assessment and intervention

• Voluntary intervention tried and failed or unlikely to Voluntary intervention tried and failed or unlikely to

succeedsucceed

• Single order = “care requirement”Single order = “care requirement”

                                                                                                                                                    

THE CHILD YOUTH AND COMMUNITY TRIBUNAL THE CHILD YOUTH AND COMMUNITY TRIBUNAL

Does not deal withDoes not deal with• Disputed evidenceDisputed evidence

• Long term careLong term care

• Secure accommodationSecure accommodation

• Some serious or persistent offendingSome serious or persistent offending

                                                                                                                                                    

THE CHILD YOUTH AND COMMUNITY TRIBUNALTHE CHILD YOUTH AND COMMUNITY TRIBUNAL

KEY DISTINGUISHING FEATURESKEY DISTINGUISHING FEATURES

• Definition of “child” Definition of “child”

• Age of criminal responsibilityAge of criminal responsibility

• Grounds for referralGrounds for referral

• Convenor’s MeetingConvenor’s Meeting

• President of the TribunalPresident of the Tribunal

• Secure Accommodation / Community Parenting Secure Accommodation / Community Parenting

OrderOrder

• Care RequirementCare Requirement

• Interim care requirementsInterim care requirements

• Power to withhold informationPower to withhold information

                                                                                                                                                    

THE CHILD YOUTH AND COMMUNITY TRIBUNALTHE CHILD YOUTH AND COMMUNITY TRIBUNAL

THE FIRST 8 MONTHS - STATISTICSTHE FIRST 8 MONTHS - STATISTICS

• Referrals received by Children’s Convenor – Referrals received by Children’s Convenor – 262262

• Notifications received – 17Notifications received – 17

• Children referred or notified – 195Children referred or notified – 195

• Offence referrals – 212Offence referrals – 212

• Number retained for prosecution - 78Number retained for prosecution - 78

• Number of hearings - 36Number of hearings - 36

• Number of children referred to hearings – 21Number of children referred to hearings – 21

• Number of care requirements - 8Number of care requirements - 8

                                                                                                                                                    

THE CHILD YOUTH AND COMMUNITY TRIBUNALTHE CHILD YOUTH AND COMMUNITY TRIBUNAL

THE FIRST 8 MONTHS THE FIRST 8 MONTHS - - OBSERVATIONSOBSERVATIONS

• Nature of referralsNature of referrals

• Community and professional supportCommunity and professional support

• Hearing managementHearing management

• Legal representationLegal representation

• Openness to changeOpenness to change