Fears over plan to raise age of ‘youth’ offenders
Including 24-year-olds in scheme could ‘benef it criminal gangs’
A PROPOSAL to allow offenders up to age 24 take advantage of youth diversion programmes ‘could seriously alter the policing effectiveness of serious crimes’, sources have told the Irish Mail on Sunday.
Minors up to age 18 can currently apply to the scheme, which allows them to avoid a conviction and instead receive a caution and, where appropriate, meet the victim, among other conditions.
Earlier this month the Justice Minister issued proposals to extend this to offenders aged up to 24.
But security sources believe this move has the potential to affect the policing of organised crime and international crime. There are fears crime gangs could use such a development to ‘shield’ their operations.
‘[Moving the age from] 18 to 21 would be a progressive step, but to extend to 24 could potentially alter the policing effectiveness of serious crime,’ a source said. ‘Would organised crime gangs use such a development to shield or cover up their operations given the fact that up to 24-year-olds could be cautioned for such behaviour?’
However, the Irish Penal Reform Trust welcomed the strategy published by Junior Minister David Stanton, saying international evidence has shown ‘young adults are more amenable to rehabilitation than older adults’.
The Government’s new Justice Youth Strategy 2020 to 2026 will ‘assess the potential of specialised youth projects (or similar) to provide suitable diversionary programmes for the 18-24 years age group, with a view to developing pilot initiatives’.
It goes on to say the provisions relating to diversion could be ‘amended slightly to allow their application (and other similar measures) to those over 18, by Ministerial regulation. This is in line with recommendations of the Review Group on Penal Policy.’
The Government strategy also proposes strengthening the more than 100 Garda Youth Diversion Projects around the country and rebranding them as specialised youth projects with a view of supporting, at an ‘early stage’, the estimated 1,000 children around the country at risk of becoming serious offenders.
The aim of the Youth Diversion Programme is to keep children who are involved in anti-social behaviour or other offences out of the courts and prison system, if they are deemed suitable by gardaí.
Sources say gardaí with knowledge of the area are sceptical in relation to the proposed increase in age to 24 in youth projects and say there are many questions left unanswered. ‘Up to 21 would be reasonable, but beyond that is a big concern,’ said one source. ‘Not to mention it would be very resourceintensive effort by the gardaí and the current diversion programme or diversion office wouldn’t have capacity to deal with such an increase regarding its remit.
‘Has the strategy been costed? Does the youth diversion programme extend to have youth projects up to the age of 24? Is the legal definition of a juvenile going to be changed to reflect? How would this conflict with the EU’s Victims Charter or Victims Legislation introduced here in 2017? What about the area of offences against the State and subversive activity? Will it fall under the Children’s Act or another act?’
But the Irish Penal Reform Trust has broadly welcomed the proposal, saying extending youth supports to young adults aged up to 24 ‘places a positive duty on State agencies to work together, and a clear and consistent focus on reaching hard-to-reach groups’. IPRT executive director Fíona Ní Chinnéide said: ‘Investment in these approaches will reap dividends for all society in the long-term.’
‘Would gangs use such a development?’