Restorative-Justice-Diversion LECTURE PPT

Restorative Approach
to Juvenile Justice

Restorative Approach
to Juvenile Justice
Fundamental change in our manner of viewing
and responding to criminal acts and associated
forms of behavior

• Crime is a violation
of the law
• Crime is a violation of
people and
relationships
• Justice is a contest
between the
offender and the
State
• Justice involves the
offender, the victim,
and the community
• Justice determines
blame and
administers pain
• Justice seeks
solutions which
promotes repair,
reconciliation, and
reassurance
Retributive vs. Restorative

COMMUNITY SAFETY
ACCOUNTABILITY COMPETENCY
DEVELOPMENT
BALANCED RESTORATIVE JUVENILE JUSTICE SYSTEM

PRINCIPLES
 A CICL is entitled to basic legal guarantees and legal and
other forms of assistance and representation
 Arrest, detention and imprisonment of a child shall be
avoided where possible and used only as a last resort
and for the shortest appropriate time
 Cruel, inhuman or degrading treatment, including
corporal punishment, capital punishment and life
imprisonment without possibility of release, are prohibited

Terminology
BEFORE
Youthful Offender or
Juvenile Delinquent (P.D.
603)
NOW
Children in conflict with the
law

Age of Criminal Responsibility
BEFORE
9 years old or younger –
no criminal responsibility
Above 9 and under 15 –
with criminal
responsibility if with
discernment
(Art. 12, RPC)
NOW
15 years old or younger –
no criminal responsibility
Above 15 and below 18 –
with criminal responsibility if
with discernment

Specific Offenses
BEFORE
Children may be held
criminally liable for
vagrancy/prostitution (Art.
202, RPC), mendicancy (PD
1563), and sniffing of
rugby (PD 1619)
Penalty was
imprisonment and/or fine
NOW
Children are exempt from
prosecution for vagrancy,
prostitution, mendicancy,
and sniffing of rugby
Instead of
imprisonment/fine, children
shall undergo counselling
and treatment program

Upon Apprehension
BEFORE
No provision on
detention before filing of
the Information
NOW
Specific provisions on initial
contact with the child
If detention is necessary,
ensure that child is separate
from that of opposite sex
and adult offenders

Initial Contact with the Child
Police Officer
a. Inform the child of his/her rights
b. Determine the age of the child
c. Immediately but not later than 8 hours after
apprehension, turn over the custody of the
child to the SWDO or other accredited non-
government organizations, and notify the
child’s parents/guardians and PAO of the
child’s apprehension

Initial Contact with the Child
Local Social Welfare & Development Officer
a. Explain to the child and the child’s
parents/guardians the consequences of
child’s act with a view towards counselling and
rehabilitation, diversion from the criminal
justice system, and reparation if appropriate
b. Determine appropriate program for the CICL

Court Proceedings
BEFORE
Go through regular criminal
procedure
Bail
If unable to furnish bail, commit
to DSWD, local rehabilitation
center or detention home
In the absence of above, detain
in jail separate from adults
NOW
Diversion proceedings –
conferencing, mediation, conciliation
Detention is the last resort and for
the shortest period of time
− Bail or release on
recognizance
− Close supervision, intensive
care or placement with a
family or in an educational
setting or home

Judgment
BEFORE
Suspension of
sentence – wording does
not say that it shall be
automatic
NOW
Automatic suspension of
sentence
Diversion program
If the penalty is
imprisonment and/or fine,
impose the fine

Intervention
 Series of activities designed to address
issues that caused the child to commit an
offense
 May take the form of an individualized
treatment program that will enhance the
child’s psychological, emotional and psycho-
social well-being

Intervention
 Professional or peer-counselling
 Life skills training and education
 Provision of support services to the family
 Referral to other agencies for appropriate
services (e.g. education and health)
 Access to and participation in child and youth
organizations in the community

Who will undergo intervention?
15 and below No criminal responsibility -
(child will undergo intervention program &
parents will pay civil damages)
Over 15 but below 18 No Discernment -
child will undergo
intervention program &
parents will pay civil
damages)

DIVERSION
 The channeling of children away from the
normal justice system through alternative
procedures & programs
 Alternatives to detention and institutional
care
 Applies only to offenses punishable with
imprisonment of not more than 12 years or
fine alone, regardless of amount

“Diversion proceedings” refers to an alternative, child-
appropriate process of determining the responsibility
and treatment of a child in conflict with the law on the
basis of his/her social, cultural, economic, psychological
or educational background without resorting to formal
court proceedings.
“Diversion program” refers to the program that the
child in conflict with the law is required to undergo after
he/she is found responsible for an offense without
resorting to formal court proceedings.

Examples of Excluded Offenses
 Murder
 Parricide
 Kidnapping and serious illegal detention
 Robbery with homicide
 Robbery with rape
 Robbery resulting in serious physical injuries
 Destructive arson
 Carnapping
 Rape by carnal knowledge
 Mutilation which deprives a person of an essential organ of
reproduction

15 and below No criminal responsibility -
(child will undergo intervention program & parents
will pay civil damages)
Who will undergo diversion?
Non-serious offense (up to 6 years
imprisonment): social worker
Serious offense
(above 6 yrs but not
more than 12 years): judge
Over 15 but below 18 No Discernment -
child will undergo
intervention program &
parents will pay civil
damages)
With Discernment -
diversion

Who will conduct the diversion?
 Punong Barangay and Law Enforcement
Officer with the assistance of LSWDO - if
imposable penalty is not more than 6 years
imprisonment
 LSWDO - victimless crimes where imposable
penalty is not more than 6 years imprisonment
 Court - penalty exceeds 6 years
imprisonment but not more than 12 years

What are the factors in
determining diversion?
 The nature and circumstances of the offense charged
 The frequency and the severity of the act
 The circumstances of the child (e.g. age, maturity, intelligence,
etc.)
 The influence of the family and environment on the growth of
the child
 The reparation of injury to the victim
 The weight of the evidence against the child
 The safety of the community
 The best interest of the child

Diversion Committee
Convene the dialogue between the CICL, his/her
parents/guardians and victim
Identify the appropriate program for the CICL and
his/her family
Come up with a directory of programs or services
being implemented by GOs, NGOs, POs, schools
and faith-based organization

Composition of the Diversion Committee
a. Katarungang Pambarangay
Chair: Punong Barangay
Members:
• Barangay Kagawad (Chairperson on Committee
on Children, Women and Family)
• Chief Tanod
• Sangguniang Kabataan Chairperson
• PTA President
• NGO representative
• Faith-based organization representative
• Local Social Welfare and Development Officer

b. Law Enforcement
Chair: Law Enforcement Officer
Members:
• BCPC member
• People’s organization representative
• Public Attorney’s Office lawyer

c. Prosecutor
Chair: Prosecutor
Members:
• BCPC member
• People’s organization representative
• Public Attorney’s Office lawyer

Diversion Process
1. Diversion proceedings
 Conflict resolution
 Formulation of diversion program
 Formulation of diversion contract
 Acceptance and signing of diversion contract
2. Implementation
3. Monitoring and supervision
4. Termination

Restorative-Justice-Diversion LECTURE PPT

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