PAPER E

 

Committee :    FIRE AND PUBLIC SAFETY SELECT COMMITTEE

 

Date :              16 DECEMBER 2002

 

Title :               REPARATION SCHEME

 

REPORT OF THE HEAD OF CORPORATE POLICY

 

 


SUMMARY/PURPOSE

 

To seek members’ views as to the potential development of a Reparation Scheme on the Island.

 

BACKGROUND

 

At the 16th September 2002 meeting of the Committee, members requested that the Crime and Disorder Manager investigate the potential to develop a Reparation Scheme for criminal damage offenders on the Island.

 

A request was also made to produce a generic form for reporting criminal damage across the Council and with other organisations, see Appendix A attached.

 

REPARATION SCHEME

 

The Reparation Scheme will work in partnership with the Youth Offending Team, the Courts, the Council and other stakeholders. 

 

REPARATION ORDER

 

The Crime and Disorder Act 1998 introduced Reparation Orders.  The Orders can be obtained against any young person between the age of 10 and 17. 

 

It requires young offenders to make specific reparation either to the individual victim or the community.  The reparation must be commensurate with the seriousness of the offence(s) for which the order is being given, but may not exceed a total of 24 hours in aggregate.  It must be made within three months of the making of the order, and may not be made to any person without their consent.   Reparation under the order might involve writing a letter of apology, apologising to the victim in person, cleaning graffiti or repairing criminal damage for which the offender has been responsible.  Where the victim of the offence does not wish to receive direct reparation, reparative activity appropriate to the nature of the offence may be made to the community at large.

 

BENEFITS FOR OFFENDERS

 

·         Face up to the consequences of their actions

·         Accept responsibility for their behaviour

·         Opportunity to make amends to the victim or community

·         Take active not passive part in criminal justice process

·         Engage in short term, task focused piece of work that can effect change in attitude

·         Opportunity to acquire/develop social and other vocational skills

·         Improve self esteem

·         Work out alternatives to offending

·         Reintegration in the community

 

BENEFITS FOR VICTIMS

 

·         Choice about being involved

·         Clear and concise information

·         Recognition that victims have suffered an injustice and are entitled to have their views taken into consideration

·         De-mystifies reason for offence – reduces fear of crime

·         Some evidence given to the victim that the offender is taking some responsibility for his/her actions

·         Receipt of apology/compensation/restitution/reparation

·         Helps draw a line under the incident

 

HOW WILL THE SCHEME WORK

 

In order to progress this it is proposed that a dedicated Reparation Officer be employed on a two year fixed term contract to pilot the scheme.  The Officer would be employed by the Council and seconded to the Youth Offending Team.

 

The Officer would facilitate the development of reparation orders and would prepare reports to court for consideration.  The Officer would also encourage parents and their child to consider the young person to carry out reparation in order to prevent the young person entering the criminal justice system.  This route would be encouraged where criminal damage was the offence.

 

A menu of appropriate reparation options would be drawn up so as to enable the Officer and either the Courts or the parents to identify what might be suitable for the young person.

 

This menu might encourage Council Departments to supervise young people in appropriate cases.  

 

FINANCIAL IMPLICATIONS

 

Figures provided by the Finance Section show that up to the 28th November this year the Council have spent over £40,000 on criminal damage.  This figure is likely to be considerably under the true figure.

 

The scheme will cost £45,000 for the two-year pilot.  Some funding for this has already been identified for the sum of £20,000 if the pilot is launch before the end of this financial year.  If the scheme is run there is a shortfall of £25,000 that will need to be identified.

 

LEGAL IMPLICATIONS

 

Nationally reparation schemes have had a significant impact both for the victims of the crime and the young offender.  The reparation confronts the young offender with their actions and makes them go some way to putting right their wrongs.

 

RECOMMENDATIONS

 

  1. That members consider whether to support the development of an Island Reparation Scheme for an initial two year pilot.
  2. That members consider whether any additional financial support should be identified.
 
 

 

 

 

 

 

 

 


BACKGROUND PAPERS

 

Crime and Disorder Act 1998

 

Contact point : Niki Haytack, 01983 822696

 

 

JOHN BENTLEY

Head of Corporate Policy