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The Child Youth and Community Tribunal (CYCT) A NEW APPROACH IN GUERNSEY & ALDERNEY Karen Brady, Children’s Convenor. FROM SCOTLAND TO GUERNSEY. BAILIWICK OF GUERNSEY Guernsey, Alderney, Sark, Herm, Jethou , Lihou , Brecqhou. GUERNSEY FACTS & FIGURES.
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The Child Youth and Community Tribunal (CYCT) A NEW APPROACH IN GUERNSEY & ALDERNEY Karen Brady, Children’s Convenor
BAILIWICK OF GUERNSEY Guernsey, Alderney, Sark, Herm, Jethou, Lihou, Brecqhou
GUERNSEY FACTS & FIGURES Population – 62,274 (circa 13,500 under 20) Unemployed – 498 (1.1%) Main Industry - Finance Average House Price - £346,750 Reported Criminal Offences – 2954 School Leaving Age – 16 (11+ exam) Legal Age to Drive a Moped (50cc) - 14 www.gov.gg
BACKGROUND • 2001 - Review of laws affecting children • - Extensive consultation • - Proposals approved by States of Deliberation • - New laws approved by the States • - New laws approved by the Privy Council
KEY LEGISLATION Children (Guernsey and Alderney) Law 2008 Criminal Justice (Children and Juvenile Court Reform) (Bailiwick of Guernsey) Law 2008 The Children (Miscellaneous Provisions) (Guernsey and Alderney) Ordinance 2009 www.guernseylegalresouces.gg
THE CHILD YOUTH AND COMMUNITY TRIBUNAL BASIC PRINCIPLES • Children’s needs and deeds must be addressed together, • Children who offend often have the same needs and background as children in need of care and protection, • Local community is best placed to decide what should happen to its children, • The role of the family is vital in addressing needs and deeds.
THE CHILD YOUTH AND COMMUNITY TRIBUNAL KEY FEATURES • Decision making by trained volunteers from local community • Deals with most child protection and child offending • Legal process but less formal procedure • Children’s Convenor – “gatekeeper” • Active participation of all parties • Multiagency approach to assessment and intervention • Voluntary intervention tried and failed or unlikely to succeed • Single order = “care requirement”
THE CHILD YOUTH AND COMMUNITY TRIBUNAL • Does not deal with • Disputed evidence • Long term care • Secure accommodation • Some serious or persistent offending
THE CHILD YOUTH AND COMMUNITY TRIBUNAL KEY DISTINGUISHING FEATURES • Definition of “child” • Age of criminal responsibility • Grounds for referral • Convenor’s Meeting • President of the Tribunal • Secure Accommodation / Community Parenting Order • Care Requirement • Interim care requirements • Power to withhold information
THE CHILD YOUTH AND COMMUNITY TRIBUNAL THE FIRST 8 MONTHS - STATISTICS • Referrals received by Children’s Convenor – 262 • Notifications received – 17 • Children referred or notified – 195 • Offence referrals – 212 • Number retained for prosecution - 78 • Number of hearings - 36 • Number of children referred to hearings – 21 • Number of care requirements - 8
THE CHILD YOUTH AND COMMUNITY TRIBUNAL THE FIRST 8 MONTHS - OBSERVATIONS • Nature of referrals • Community and professional support • Hearing management • Legal representation • Openness to change