NICRO is strongly opposed to the exclusion of certain children from Assessment in the 2007 version of the Child Justice Bill. This Bill should ensure appropriate management of all children in conflict with the law; equal accessibility to services addressing contributing factors to criminal behaviour in the best interest of the child and the enhancement of public safety. Without proper assessment for all children in conflict with the law, the goal of consistently delivering ‘needs and treatment’-based approaches best suited for youth, cannot be obtained.
NICRO urgently requests parliament to grant all children in conflict with the law, regardless of the type of crime committed, the right to Assessment and Diversion, and to take into consideration the various factors that influence the criminal capacity of children. It has been scientifically proven that a child’s brain is still in a process of forming crucial cognitive and logical connections and thought patterns. Between childhood and adulthood, the brain’s "wiring diagram" becomes richer, and more complex, especially in the brain’s frontal lobe, which is the area that governs higher order functions such as learning and socialization. Once a child has been committed to prison and exposed to those influences, new brain connections are formed. This forms the basis of future thinking patterns and the brain cannot be “rewired” to live as a responsible citizen.
NICRO submitted also that the option of Diversion be allowed for all children regardless of age or offence. Diversion should not be seen as an easy option out of punishment. Children charged with violent crimes and referred to Diversion programmes have shown a steady increase over the past five years. The success rate of Diversion is beyond reproach: according to the latest impact study, only 7% recidivism was recorded; sufficient proof that Diversion is an appropriate option for those children who, AFTER proper assessment, show a high level of “treatment readiness” and “treatment responsiveness”, regardless of the type of crime committed.
NICRO also objects to the allocation of a maximum time period related to further diversion options, as not all children respond alike to behavioural intervention; very often the cognitive and physical maturity of a child does not correlate - in other words outcomes are based on intellectual, emotional and mental capacity of the specific child in question.
NICRO thus submits that the minimum time frame for level one Diversion options should be set at no less than 3 months and level two Diversion options at no less than 6 months. Strategies deployed in Diversion practice and intervention should mainly be short term solution focused therapy, including cognitive behavioural aspects. Therefore full beneficial impact can only be attained if the time period defined in the bill rather addresses the minimum time period of intervention.
NICRO requests that provision should be made for the child who does not achieve desired outcomes within the set period, that the order can be renewed upon the courts recommendation that the child needs further intervention to achieve optimum results and the prescribed outcome.
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