Heads of Pacific Youth Heads of Pacific Youth CourtsCourts

Juvenile JusticeJuvenile JusticeFijiFiji

Status ReportStatus Report

Analysis of Fiji PrisonsAnalysis of Fiji Prisons

14 Prisons of various 14 Prisons of various sizes and capacitysizes and capacity

The prison stock is old The prison stock is old and in a very poor state and in a very poor state of repairof repair

Over 100 prisoners are Over 100 prisoners are housed in housed in accommodation that was accommodation that was condemned years agocondemned years ago

Prisoner NumbersPrisoner Numbers

0

200

400

600

800

1000

1200

1400

1997 1999 2000 2002

Prisoners

• About 1100 prisoners in system every day

• Imprisonment rate of 152:100,000

• The system operates at over capacity most of the time

Prisoner ProfilesPrisoner Profiles The majority of prisoners are The majority of prisoners are

young males young males (about 80% indigenous (about 80% indigenous Fijians)Fijians)

10% under 20 years10% under 20 years 44% under 25 years44% under 25 years Low education levelsLow education levels

AgeAge 16-1916-19 20-2520-25 26-2926-29 50+50+

NoNo.. 109109 354354 183183 3737

%% 1010 3434 1717 33

Prisoner ProfilesPrisoner ProfilesEmployment StatusEmployment Status 43% of prisoners were unemployed prior to 43% of prisoners were unemployed prior to

going to prisongoing to prison For young prisoners the rate is 57%For young prisoners the rate is 57% The largest occupation of people in The largest occupation of people in

employment prior to prison is in farming employment prior to prison is in farming (20%)(20%)

AgeAge 1717 1919 2323 2525

NoNo.. 1717 6060 5252 6767

%% 6565 6565 7777 4848

OffencesOffences

47% against property47% against property Street offences, non-violent Street offences, non-violent

offences against person or lawful offences against person or lawful authority 37%authority 37%

Non Payment of maintenance, road Non Payment of maintenance, road traffic, drunk and disorderly, traffic, drunk and disorderly, possess drug etc. 20% possess drug etc. 20%

Length of SentenceLength of Sentence

56% of prisoners have sentence 56% of prisoners have sentence less than 12 monthsless than 12 months

70% of prisoners serve less than 12 70% of prisoners serve less than 12 months after remission months after remission

Less than 14% have sentences over Less than 14% have sentences over 3 years3 years

Almost 20% have sentences less Almost 20% have sentences less than 3 monthsthan 3 months

RecidivismRecidivism

The recidivism rate is between 48% The recidivism rate is between 48% and 53%and 53%

That is, over half of the prisoners That is, over half of the prisoners released will return to prison for released will return to prison for further offences further offences

Offences are more serious each Offences are more serious each timetime

Prisons SummaryPrisons Summary Prisons operate well over their rated Prisons operate well over their rated

capacitycapacity Prisons do not meet many of the Prisons do not meet many of the

requirements of UN Minimum Standards requirements of UN Minimum Standards for Prisons or the treatment of Prisonersfor Prisons or the treatment of Prisoners

Prisoners are young and less educated Prisoners are young and less educated with few employment skills or with few employment skills or experienceexperience

Many young people are in prison for Many young people are in prison for short periods for minor offencesshort periods for minor offences

When they come back it is for more When they come back it is for more serious offencesserious offences

The Analysis Showed:The Analysis Showed:

Placing young people in Placing young people in institutions is NOT a good crime institutions is NOT a good crime prevention strategyprevention strategy

Programs that can assist Programs that can assist Prisons the mostly outside Prisons the mostly outside Prison’s controlPrison’s control

Some QuestionsSome Questions

Why are existing Community Why are existing Community Based Programs not being used Based Programs not being used by the courts?by the courts?

How does the justice system How does the justice system deal with young people?deal with young people?

Available LegislationAvailable Legislation

Probation of Offenders Act Probation of Offenders Act (passed in (passed in 1954)1954)

Community Work Act – 1994Community Work Act – 1994

Juveniles Act - 1973Juveniles Act - 1973

What can be done?What can be done?

Programs delivered by the community in the Programs delivered by the community in the community have the highest rates of success – community have the highest rates of success – Somewhere between 70-80% do not re-offendSomewhere between 70-80% do not re-offend

In many jurisdictions there are about 3 times the In many jurisdictions there are about 3 times the number of people serving their sentence in the number of people serving their sentence in the communitycommunity

In Fiji in 2003 there were 14 people registered for In Fiji in 2003 there were 14 people registered for probation – 11 juveniles and 3 adultsprobation – 11 juveniles and 3 adults

Why?Why?

CourtsCourts

Little confidence that probation orders Little confidence that probation orders will or can be properly supervised by will or can be properly supervised by DSW and that is like to ‘letting the DSW and that is like to ‘letting the offender off’offender off’

Some courts not convinced that Some courts not convinced that non-custodial sentencing worksnon-custodial sentencing works

More Analysis and ReportsMore Analysis and Reports

Four reports producedFour reports produced Identify Barriers to Community Identify Barriers to Community

Corrections – March 2004Corrections – March 2004 Review of Probation Act – April 2004Review of Probation Act – April 2004 Review of Community Work Act – April Review of Community Work Act – April

20042004 Needs Analysis of Residential Care – April Needs Analysis of Residential Care – April

- 2004- 2004

Department of Social Department of Social WelfareWelfare

Has responsibility for administration of Has responsibility for administration of non-custodial sentence programsnon-custodial sentence programs

Welfare Officers (Probation Officers) not Welfare Officers (Probation Officers) not trained in Probationtrained in Probation

No Training CourseNo Training Course No Training ManualsNo Training Manuals Many staff unaware of non-custodial Many staff unaware of non-custodial

sentencingsentencing Severe lack of resourcesSevere lack of resources

IssuesIssues

Probation of Offenders Act Probation of Offenders Act outdatedoutdated

Community Work Act not fully Community Work Act not fully implementedimplemented

Problem with Juveniles ActProblem with Juveniles Act Sentencing Options for Juveniles Sentencing Options for Juveniles Residential Care Residential Care Administrative DelaysAdministrative Delays

Juveniles ActJuveniles Act

Outdated conceptsOutdated concepts All children treated as ‘welfare’ casesAll children treated as ‘welfare’ cases Juvenile offenders often disadvantaged Juvenile offenders often disadvantaged

compared to adults convicted of same compared to adults convicted of same offenceoffence

Age cut off at 17 yearsAge cut off at 17 years Allows non-offenders to be placed on Allows non-offenders to be placed on

probation on application of the Directorprobation on application of the Director

Options for juvenile offendersOptions for juvenile offenders

Act allows for probation but Act allows for probation but generally underutilisedgenerally underutilised

11 cases recorded by DSW in 2003 11 cases recorded by DSW in 2003 DSW staff not trained in probation DSW staff not trained in probation No manuals or training programsNo manuals or training programs

Residential CareResidential Care

Offenders and those deemed in need of Offenders and those deemed in need of care and protection in same facilitiescare and protection in same facilities

Serious shortfalls in care planning Serious shortfalls in care planning Lack of training for care staffLack of training for care staff Placing children in residential care seen Placing children in residential care seen

as the ‘solution’ to the problemas the ‘solution’ to the problem Young people ‘lost’ in the systemYoung people ‘lost’ in the system Working with families of children in careWorking with families of children in care Young people placed in or remaining in Young people placed in or remaining in

care inappropriatelycare inappropriately

Issues - AdministrationIssues - Administration Police act reasonably quickly in processing Police act reasonably quickly in processing

criminal cases but serious delays where child is criminal cases but serious delays where child is victim/witness victim/witness

Courts process most criminal cases in reasonable Courts process most criminal cases in reasonable time and usually very responsive in child welfare time and usually very responsive in child welfare casescases

Not enough oversight of delays in cases where Not enough oversight of delays in cases where child is victim/witnesschild is victim/witness

DSW responds well to referrals involving DSW responds well to referrals involving allegations of abuse but fails to track cases allegations of abuse but fails to track cases

Lengthy delays in providing reports for courtsLengthy delays in providing reports for courts DSW in past detained children and young people DSW in past detained children and young people

without lawful authoritywithout lawful authority Poor child victim/witness facilities in courtsPoor child victim/witness facilities in courts

Law and Justice Program

Social Welfare Department

DSW - Key Result area: Improved Justice Services and Care and Protection of Children

Barriers to the management and administration of non-custodial sentences

Improved juvenile court services

Services for young people in residential care

Addressing the IssuesAddressing the IssuesNon custodial optionsNon custodial options

developed a volunteer probation and developed a volunteer probation and community work training manualcommunity work training manual

trained selected volunteers for the pilot trained selected volunteers for the pilot programsprograms

consulted with selected magistrates regarding consulted with selected magistrates regarding the introduction of enhanced non-custodial the introduction of enhanced non-custodial sentencing optionssentencing options

trained DSW staff in the selection of volunteers trained DSW staff in the selection of volunteers and in the use of the training manualand in the use of the training manual

conducted volunteer training in Suva, Lautoka, conducted volunteer training in Suva, Lautoka, Nadi, Ba and shortly in Raki Raki and Labasa. Nadi, Ba and shortly in Raki Raki and Labasa.

Pilot ResultsPilot Results

Over 50 young people have been placed on Over 50 young people have been placed on community based orders since the pilots begancommunity based orders since the pilots began

Represents a 450% increase in offenders placed Represents a 450% increase in offenders placed on probation in 6 months compared to the on probation in 6 months compared to the whole of Fiji in 2003whole of Fiji in 2003

Early indications are that the ‘success’ rate is Early indications are that the ‘success’ rate is around 78%around 78%

Addressing the IssuesAddressing the IssuesResidential CareResidential Care

Developed basic care planning process and Developed basic care planning process and training manualtraining manual

trained staff from the Suva and Lautoka trained staff from the Suva and Lautoka offices in basic care planning offices in basic care planning

Developing alternative options for non-Developing alternative options for non-offenders. offenders.

Trained staff in counselling and care skills Trained staff in counselling and care skills at Mahaffy, Dilkusha, St Christopher’s, at Mahaffy, Dilkusha, St Christopher’s, Veilomani homes and the Boy’s CentreVeilomani homes and the Boy’s Centre

Assigned welfare officers as liaison workers Assigned welfare officers as liaison workers to each hometo each home

Introduced comprehensive minimum care Introduced comprehensive minimum care standards for children in residential carestandards for children in residential care

Improved ServicesImproved Services Created position in DSW Manager Juvenile Created position in DSW Manager Juvenile

Justice Services to give focus to improved Justice Services to give focus to improved servicesservices

Refurbished building as dedicated juvenile Refurbished building as dedicated juvenile court in Suva with experienced magistrates. court in Suva with experienced magistrates.

DSW appointed full time Court Welfare Officer DSW appointed full time Court Welfare Officer Programs for the management of young Programs for the management of young

people in residential placementpeople in residential placement Increased options for dealing with young Increased options for dealing with young

people in care, as witnesses and those in people in care, as witnesses and those in conflict with the law. conflict with the law.

Working with police to revitalize protocols that Working with police to revitalize protocols that fast track cases where a child is involvedfast track cases where a child is involved

Improved ServicesImproved Services Significant decrease in the number of Significant decrease in the number of

outstanding court reportsoutstanding court reports Criminal cases disposed by the Suva juvenile Criminal cases disposed by the Suva juvenile

court now average 64 days court now average 64 days The Chief Magistrate has made a commitment to The Chief Magistrate has made a commitment to

fast track all juvenile cases;fast track all juvenile cases; Developed the Suva and Lautoka Juvenile Courts.Developed the Suva and Lautoka Juvenile Courts. Ensured that Magistrates are trained to deal with Ensured that Magistrates are trained to deal with

juvenile matters juvenile matters Reduction in number of young people remaining Reduction in number of young people remaining

in residential placementin residential placement