2.45 - 3.00pm Afternoon Tea 3.00 - 4.45pm (125 mins) Session Four cont. - change possibilities Session Five - Takeaways: steps available to different segments outside courts and legislative change To identify possible actions to improve the position of YJ in Palau without statutory interventions. Mixed group discussion and report back. Sectors identifying what they can do to contribute to better outcomes. • Judge Harding 4.45 - 5.00pm (15 mins) Evaluation Day Four: Friday 27 July Time Topic Aims/Outcomes Activities Resources 8.30 - 10.30am (120 mins) Session Six - New Zealand practice details Courtroom, protocols, decisions to charge, community involvement, how much practically can be used or adapted Lecture and discussion as to what could be adopted from New Zealand • Judge Harding and local Judiciary 10.30 - 10.45am Morning Tea 10.45am (90 mins) Session Seven - Court simulation Practising skills and conducting child and youth court in terms of setting, language, judicial conduct, demeanour, procedure, orders and the like. Role play /lecture /practice as to in Court setting, language, layout. • Judge Harding and all participants 12.15 - 1.30pm Lunch 1.30 - 2.45pm (75 mins) Session Eight - sentencing issues within present system Remarks, language, options, adjournments, community involvement, discharges. Lecture and discussion • Judge Harding 2.45 - 3.00pm Afternoon Tea 3.00 - 4.45pm (125 mins) Session Nine - Strategising progress for 12 months Preparation of action plan, what might be achieved in the absence of legislative change? Produce written plan for future improvement of Youth Court outcomes. • Judge Harding, group session, reporting back 4.30 - 5.00pm (30 mins) Workshop Wrap up; Evaluation; Certificates
4: Family Violence What are the Drivers What is the role of cultural and familial influences on family violence in Pacific communities in New Zealand? What is the role of other factors ie social, educational or economic factors associated with ethnicity? In relation to Pacific communities poverty, colonisation, cultural alienation and experiences of racism. Are there real biases in the criminal justice system which impact the judicial outcomes for Pacific people? A recent study suggests that there is more of a likelihood for Maori and Pacific people under the Domestic Violence Act 1995. Cultural Context Gender relations in Pacific communities. Cultural norms which support or endorse violence as a solution. Beliefs that support parental rights and authority over children’s rights. Collectivist cultural norms. --e Treatment of Victims Women who are culturally, linguistically or religiously distinct face additional barriers to those faced by other women. There are two separate types of barriers - those relating to accessing the justice system and those barriers experienced when women go through the justice system In Touch Team (2010), I lived in fear because I knew nothing: Barriers to the Justice System Faced by CALD Women Experiencing Family Violence. Victoria Law Foundation. Barriers in Courtroom include language difficulties and inadequate interpreting services. Cultural concepts relating to gender roles, modesty, and upholding respect for community and family may all also play a significant role. Gathering Information: Who to Consult? Effective community consultation may involve using both formal organisations and structures as well as consulting with relevant individuals and interest groups. A multifaceted approach to consultation is more likely to ensure that all voices are heard. As part of the Family Violence Taskforce work a number of Pacific fono were held.
Statistics presented by Vanuatu Police These are charges registered in Port Vila in 2011: OFFENCE CHARGES REGISTERED CONVICTIONS STILL BEFORE THE COURT OTHER Domestic Violence 26 4 19 2 withdrawn 1 defendant died Breach of Protection Order 1 1 Unlawful sexual intercourse 7 1 5 1 acquitted Sexual intercourse without consent 29 5 14 6 withdrawn 4 acquitted Sexual intercourse with girl under care 4 3 1 withdrawn The following are the charges registered in Port Vila SPD for 2012: OFFENCE CHARGES REGISTERED CONVICTIONS STILL BEFORE COURT OTHER Domestic Violence 34 33 1 withdrawn by complainant Unlawful sexual intercourse 11 11 Sexual intercourse without consent 29 1 28 Sexual intercourse with girl under care 3 3 The following are charges registered in Port Vila SPD from 01/01/2013 to 11/02/2013: OFFENCE CHARGES REGISTERED CONVICTIONS STILL BEFORE COURT OTHER Domestic Violence 0 Unlawful sexual intercourse 2 2 Sexual intercourse without consent 4 4 Sexual intercourse with girl under care 3 2 1 withdrawn by complainant
The most rigorous research available shows that the following risk factors are the most powerful causes of offending and are consequently the key targets for programmes aimed at reducing offending. Young people in the Desister group make few Court appearances and have fewer risk factors. They are particularly at risk from substance abuse and antisocial peers, and are considered by some to be the priority for intervention. The following list gives an order of priority for addressing risks with this group4: Mixing with antisocial peers; Substance abuse; Family problems - poor parental monitoring, negative parent-child relationships; Poor performance and attendance at school, negative feelings about school; Others as per the Persisters list below. (3) Who are Persisters? Definition: Both in New Zealand and internationally, around 15-20% of youth offenders are “Persisters”. Also known as “Early Onset” or “life course” offenders, they first offend at an early age and continue to offend into adulthood. “Persisters” are responsible for a large proportion of crime.5 2 Moffit T E (1993) Adolescence‐Limited and Life‐Course Persistent Antisocial Behavior: A Developmental Taxonomy, Psychological Review, 100(4): 674‐701, as cited in McLaren, above n 1, 17. Moffit, above n 3, as cited in McLaren, above n 1, 16. McLaren, above n 1, 36. K L McLaren, Tough is Not Enough - Getting Smart about Youth Crime, available at http://www.myd.govt.nz/Publications/Justice/toughisnotenough‐gettingsmartabout.aspx, (last accessed 21 June 2012), 16. Persistent young offenders are a difficult and worrying group that requires identification and intervention as early as the preschool years. Terrie Moffitt is one researcher who has put forward the “Desister” versus “Persister” theory. She concludes that:6 “a substantial body of longitudinal research consistently points to a very small group of males who display high rates of antisocial behaviour across time and in diverse situations. The professional nomenclature may change, but the faces remain the same as they drift through successive systems aimed at curbing their deviance: schools, program, psychiatric-treatment centres, and prisons.” (1996:15). Characteristics of Persisters: