Students are required to generate a 2,500 word (approximate) comment for this assignment, not including references/bibliography. Student regulations as to originality and adherence to deadlines apply. Please take care to ensure that all sources, whether accessed in hard copy or electronically, are fully and appropriately referenced. Quote judiciously and cite specifically.
“A comprehensive policy for juvenile justice must deal with the following core elements: the prevention of juvenile delinquency; interventions without resorting to judicial proceedings and interventions in the context of judicial proceedings; the minimum age of criminal responsibility and the upper age-limits for juvenile justice; the guarantees for a fair trial; and deprivation of liberty including pre-trial detention and post-trial incarceration”
In light of the obligations imposed by international human rights law, including articles 37 & 40 of the UN Convention on the Rights of the Child, consider the extent to which Ireland has achieved a comprehensive policy for juvenile justice. In your analysis include the following:
a) An introduction to juvenile justice including an overview of what the international human rights instruments require; key relevant legislation that applies in this country; the bodies/organizations tasked to implement and monitor the legislation; a summation of the key aims of current youth justice strategies.
b) An analysis of how the State has addressed the requirement of ‘interventions without resorting to judicial proceedings’ including a description of the purpose and operation of the Garda Diversion Programme; the role of Garda Diversion Projects and your comments as to the development and effectiveness of this program.
c) An assessment of whether the requirement of ‘interventions in the context of judicial proceedings’ is met by alternatives to detention under the Children Act, 2001, with reference to community-based sanctions, the role of the Young Persons Probation Service, and remand at Oberstown Detention Centre.
d) An explanation and comment on the role and operation of Oberstown as a place of detention and ‘measure of last resort’.
e) A conclusion of your informed view as to ‘room to improve’ in terms of due process/fair procedures, resourcing, co-operation between agencies or otherwise.