Study Notes on the Irish Youth Justice Service and Youth Offending

The Nature and Prevalence of Youth Offending

Who the Irish Youth Justice Service Are

  • Following departmental realignment after government formation in 2020…

    • The Department of Justice has full responsibility for youth justice issues in the community.

    • The Department of Children, Equality, Disability, Integration and Youth (DCEDIY) retains responsibility for youth detention and the operation of the Oberstown Child Detention Campus.

The Role of the Irish Youth Justice Service

  • The Irish Youth Justice Service (IYJS) has the responsibility for:

    • Leading and driving reform in the area of youth justice.

    • Improving the delivery of youth justice services.

    • Implementing policies aimed at reducing youth offending.

Statistics Sources

  • Data is sourced from:

    • Garda Diversion Programme

    • Court Service

    • Central Statistics Office

    • Oberstown Campus

Diversion Programme Monitoring (Children Act 2001)

  • Section 44 of the Children Act, 2001 mandates the appointment of a committee to monitor the effectiveness of the Diversion Programme.

  • Terms of Reference for the Committee:

    • Monitor the effectiveness of the Diversion Programme.

    • Review all aspects of its operation.

    • Monitor ongoing training needs of facilitators.

    • Provide an annual report to the Commissioner of An Garda Síochána on its activities during the year.

  • Tasks of the Committee:

    • Examine the management and effective delivery of the Diversion Programme.

    • Identify best practices in the administration of the Programme.

    • Assess best practices for training facilitators and monitor training delivery.

    • Establish methodologies for evaluating and measuring the Programme's effectiveness.

Youth Offending Statistics (2012-2017)

  • Crime Types for which Children Were Referred (2012-2017):

    • Total referrals = 20,006.

    • Categories of offences with referrals:

    • Theft and Related Offences: 1,972

    • Public Order and other Social Code Offences: 4,377

    • Damage to Property and Environment: 6,099

    • Threats to Murder, Assaults, Harassment: 609

    • Controlled Drug Offences: 521

    • Road and Traffic Offences (NEC): 401

    • Burglary and Related Offences: 306

    • Weapons and Explosives Offences: 290

    • Dangerous or Negligent Acts: 247

    • Sexual Offences: 45

    • Against Government, Justice Procedures, Organised Crime: 9

    • Robbery, Extortion, and Hijacking Offences: 4

    • Fraud, Deception and Related Offences:

Child Referrals Overview (2012-2017)

  • 2012: 24,069 referrals

  • 2013: 20,536 referrals

  • 2014: 19,513 referrals

  • 2015: 19,513 referrals

  • 2016: 17,615 referrals

  • 2017: 20,006 referrals

    • Close to 10% of national detected crimes were committed by children under the age of 18 years.

    • The rate of child referrals was consistently between 9% and 10% of all offences committed.

Case Decisions Made by the Director (2012-2017)

  • Breakdown of Case Decisions:

    • Unsuitable for Diversion Programme:

    • 2012: 1,822

    • 2013: 7,171

    • 2014: 6,941

    • 2015: 6,913

    • 2016: 6,251

    • 2017: 7,551

    • Informal Caution:

    • 2012: 6,265

    • 2013: 6,618

    • 2014: 6,233

    • 2015: 6,145

    • 2016: 5,266

    • 2017: 5,891

    • Formal Caution:

    • 2012: 2,209

    • 2013: 4,254

    • 2014: 4,291

    • 2015: 3,474

    • 2016: 3,614

    • 2017: 3,940

    • Restorative Caution:

    • 2012: 648

    • 2013: 774

    • 2014: 993

    • 2015: 891

    • 2016: 667

    • 2017: 477

    • No Further Action:

    • 2012: 631

    • 2013: 911

    • 2014: 873

    • 2015: 756

    • 2016: 661

    • 2017: 840

    • Others (includes requests for further information):

    • 2012: 671

    • 2013: 808

    • 2014: 523

    • 2015: 1,334

    • 2016: 1,156

    • 2017: 1,307

    • Grand Total:

    • 2012: 12,246

    • 2013: 20,536

    • 2014: 19,854

    • 2015: 19,513

    • 2016: 17,615

    • 2017: 20,006

Issues Raised by the Garda Youth Diversion

  • More than 3,000 children responsible for nearly 8,000 reported crimes were unpunished due to shortcomings of the diversion system.

  • The effectiveness of the diversion programme has been questioned by the public, particularly due to a significant increase in the number of reported offences committed by juveniles in 2017:

    • Significant rise in violent crimes such as sex offences, threats of murder, aggravated burglaries, robberies, and assaults.

  • Population: 12- to 17-year-olds constitute only 8% of the Irish population but accounted for:

    • 35% of all reported sexual offences

    • 35% of robberies

    • 29% of burglaries in 2017.

Additional Statistics on Youth Offenders (2017)

  • 30% of child offenders were aged 14 or under.

  • Among 10,607 children:

    • 6,004 received an informal caution (57%)

    • 2,029 received a formal caution (19%)

    • 1,402 were deemed unsuitable for the programme (13%).

  • There were four homicide offences identified in 2017, marking a 100% increase, accounting for 9% of all homicides.

  • The number of female offenders increased by 10% in 2017, representing 28% of all juvenile offenders.

Overview of Key Performance Trends in Youth Justice (2019)

A) Annual Referrals
  • Referrals in 2019: 18,567

    • Increase of 12.6% from 2018.

  • Children Referred: 9,842 children referred in 2019.

    • 30% of children referred were under 15 years of age in 2019; 29% were 17 years old.

B) Suitability for Admission to the Programme
  • 1,605 children had their cases deemed unsuitable (6,062 cases referred).

    • Increase of 29% from 2018.

Annual Referrals Over the Years

  • Annual Referrals: Key Statistics

    • 2019: 18,567 referrals

    • 2018: 16,491 referrals

    • 2017: 20,006 referrals

    • 2016: 17,615 referrals

    • 2015: 19,513 referrals

    • 2014: 19,854 referrals

  • Trends in Data:

    • While 2019 saw an increase of 12.6% from 2018, it aligns with the average total of youth referrals of 18,674 for the period 2014-2019.

Youth Offending Statistics for 2020

  • Overall Referrals: Various offences with percentages:

    • Theft and Related Offences: 24.5%

    • Public Order and Social Code Offences: 20.3%

    • Controlled Drug Offences: 11.8%

    • Assault, Murder Attempt/Threat, Harassment: 9.3%

    • Damage to Property and Environment: 8.9%

    • Road and Traffic Offences: 8.7%

    • Burglary and Related Offences: 4.2%

Youth Offending Statistics for 2021

  • Annual Referrals: 15,090 referrals in 2021 (a decrease from 16,301 in 2020).

  • Children Referred: 8,514 children referred (4% greater than in 2020).

  • Suitability for Admission to the Programme: 1,219 children deemed unsuitable in 2021 (a decrease of 16% from 2020).

Youth Offending Statistics for 2022

  • Annual Referrals: 15,719 referrals in 2022, a 4% increase from 2021.

  • Children Referred: 8,404 children were referred, which is 1% fewer than in 2021.

  • Suitability for Admission to the Programme: 1,200 children deemed unsuitable in 2022, representing a 1.5% decrease compared to 2021.

Oberstown Campus Overview

  • Oberstown Children Detention Campus: Ireland's national facility for the detention, care, and education of young people under 18 years referred by the courts on detention or remand orders.

Campus Statistics (2019)

  • Detained Individuals: 127 young people

    • Composition: 121 male and 6 female

    • 52 served remand or detention orders, 60 served remand orders only, and 15 served detention orders only

  • Community Background: 24 were members of the Traveller community.

  • Witnessed Traumatic Loss: 31% had lost one or both parents through death, imprisonment, or lack of long-term contact.

  • Educational Disengagement: 57% were not engaged in education prior to detention.

  • Health Issues: 23% had a diagnosed learning disability and 41% had a mental health need

  • Social Support: 41% were involved with Tusla, and 71% were considered to have substance misuse issues.

Campus Statistics (2021)

  • Maximum Number of Young People Detained: 46 (40 male, 6 female)

  • Average Daily Population: 31 (12 on remand, 19 on detention)

  • Young People Detained: 102 (99 male, 3 female)

  • Average Age of Detainees: 16

  • Average Length of Stay on Detention Orders: 50.7 days

  • Average Length of Stay on Remand Orders: 100 days

Campus Statistics (2023)

  • Maximum Capacity: 46 (40 male, 6 female)

  • Average Daily Population: 35 (13 on remand, 22 on detention)

  • Total Young Offenders: 129 (127 male, 2 female)

  • Admission Counts: 34 new in the year, plus 95 ongoing admissions.

Campus Social and Support Range

  • Supported educational sessions (including qualifications such as Leaving Cert and Junior Cycle).

  • Afterschool activity classes.

  • Various qualifications and Gaisce awards available.

Anti-Social Behaviour

  • Many children engage in anti-social behaviour during adolescent years; this behaviour is typically limited to this developmental phase.

  • A balance is necessary in responding to anti-social behaviour:

    • Being overly punitive reinforces criminality.

    • Being too lenient communicates a lack of accountability.

  • Challenges emerge as many children facing legal issues also struggle with:

    • Social exclusion

    • Family problems

    • Personal behavioural and mental health issues

    • Social destabilisation

Family Situations of Youth Offenders

  • Family backgrounds of typical youth offenders often include issues such as:

    • Poverty

    • Unemployment

    • Parental issues (e.g., mental health, addiction)

    • Family dysfunction and poor relationships

Risk Factors from International Research

  • International studies indicate that the risk factors associated with:

    • Offending

    • Alcohol abuse

    • Drug abuse

    • Violence

    • Victimization

  • These risks increase significantly for children who leave their family home or are considered 'out of home.'

Children Act 2001

  • This Act serves as the main legislative framework for youth justice in Ireland.

  • It represents a shift from the Children Act 1908, reflecting an ethos focused on:

    • Prevention of offending

    • Promotion of diversion for children from the formal criminal justice system

    • Retaining incarceration as a measure of last resort

  • The Act outlines a range of community and restorative justice measures designed to respond to youth offending effectively.