Community Accountability Programs Information ... - Ministry of Justice

Community Accountability Programs Information ... - Ministry of Justice Community Accountability Programs Information ... - Ministry of Justice

pssg.gov.bc.ca
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13.07.2015 Views

• Facilitate restorative justice conferences.• Provide follow-up service to the victim and offender, including themonitoring of the agreement.• Ensure that the agreement reached does not impose an outcome that ismore onerous than what the young person would reasonably expectthrough the traditional criminal justice system process, and that theoutcome is fair and proportionate to the crime.• Ensure that opportunities exist in the community for the young personto make amends.• Recognize that all discussions, notes, recordings, documentation, orwritten reports associated with the process are deemed to beconfidential and are subject to all of the provisions related toconfidentiality and youth records set out in the YCJA.• Ensure that a sufficient training plan is in place which incorporates theparticulars associated with the conferencing process.ELIGIBILITY CRITERIABefore a youth is accepted by a Community Accountability Program, theprogram representative(s) should confirm with the police that the followingminimum requirements have been met or are understood:• The referral is considered appropriate with regard to the interests of thevictim, the young person, and the community.• Referrals are made by the police for Category 3 and 4 offences only.(See Appendix A.)• Situations involving sexual offences, relationship violence/abuse, childabuse, and hate-motivated crimes are not referred.• Prosecution of the offence is not barred by law.• There must be demonstrated community and criminal justice systemsupport, including the support of victim services organizations.• If a community-based conferencing process occurs, the young personmust attend.• Every effort should be made to ensure that the young person isaccompanied by a parent or other supportive person.• For pre-charge police-based referrals to Community AccountabilityPrograms, there is no legal recourse for non-compliance.Getting Started 45

CONFERENCING GUIDELINESAt all times – Confidentiality is paramountConfidentiality is paramount. Programs must ensure that the followingguidelines are understood by all participants involved:• Community Accountability Program conference participants will beexpected to keep confidential any information shared during aconference. Participants should be advised, however, that there are nolegal provisions protecting the confidentiality of such information (apartfrom the information that would identify the young person or a victimunder 18). For example, conference participants could be subject tosubpoena regarding information obtained during a conference that isconsidered relevant in other civil or criminal proceedings.• There are legal limits on the use of statements made by youths in prechargeextrajudicial measures. In general, statements cannot be used insubsequent proceedings, although absolute confidentiality cannot beguaranteed.• The youth’s identity and other information regarding his or herparticipation in the offence can only be disclosed in accordance withthe provisions of the YCJA. (Note: Police are obliged to inform the victimof the young person’s identity.)• Information regarding a youth’s participation in a CommunityAccountability Program conference may not be used in any subsequentcourt proceedings as evidence of prior offending, but it may be sharedwith other law enforcement personnel.Before, during, and after a conferenceBefore a conferenceis convened• Policies to deal with criminal record checks, conflict ofinterest, and breach of confidentiality for all participantsmust be in place.• The victim, young person, and community members areactively involved in the justice process at the outset.• All victims and young persons who participate in aCommunity Accountability Program conference are madeaware of support services available to them in theircommunities.Getting Started 46

• Facilitate restorative justice conferences.• Provide follow-up service to the victim and <strong>of</strong>fender, including themonitoring <strong>of</strong> the agreement.• Ensure that the agreement reached does not impose an outcome that ismore onerous than what the young person would reasonably expectthrough the traditional criminal justice system process, and that theoutcome is fair and proportionate to the crime.• Ensure that opportunities exist in the community for the young personto make amends.• Recognize that all discussions, notes, recordings, documentation, orwritten reports associated with the process are deemed to beconfidential and are subject to all <strong>of</strong> the provisions related toconfidentiality and youth records set out in the YCJA.• Ensure that a sufficient training plan is in place which incorporates theparticulars associated with the conferencing process.ELIGIBILITY CRITERIABefore a youth is accepted by a <strong>Community</strong> <strong>Accountability</strong> Program, theprogram representative(s) should confirm with the police that the followingminimum requirements have been met or are understood:• The referral is considered appropriate with regard to the interests <strong>of</strong> thevictim, the young person, and the community.• Referrals are made by the police for Category 3 and 4 <strong>of</strong>fences only.(See Appendix A.)• Situations involving sexual <strong>of</strong>fences, relationship violence/abuse, childabuse, and hate-motivated crimes are not referred.• Prosecution <strong>of</strong> the <strong>of</strong>fence is not barred by law.• There must be demonstrated community and criminal justice systemsupport, including the support <strong>of</strong> victim services organizations.• If a community-based conferencing process occurs, the young personmust attend.• Every effort should be made to ensure that the young person isaccompanied by a parent or other supportive person.• For pre-charge police-based referrals to <strong>Community</strong> <strong>Accountability</strong><strong>Programs</strong>, there is no legal recourse for non-compliance.Getting Started 45

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