Development of The Nenagh Community Reparation Project

(Source: The Expert Group on the Probation and Welfare Service - First Report October l998, p. 11)

While in New Zealand they were invited to visit the town of Timaru where a project had been set up whereby offenders were given the option of making reparation for, rather than being convicted of a crime. The District Judge was impressed by the outcome of the project. He spoke to the Deputy Mayor, representatives of the Probation Service and the deputy head of police in Timaru all of whom confirmed that crime had been reduced by eighty per cent.

Encouraged by what he had heard, the Judge returned and having discussed it with the Principal Probation and Welfare Officer decided it was worth the experiment in Ireland. He discussed the Timaru project with representatives of the Probation and Welfare Service in Limerick who were willing to initiate a similar project. A cross section of interested parties were invited to a public meeting held in Nenagh in February 1999. The District Judge addressed the large attendance, outlining the Timaru project. He invited those present to consider the possibility of setting up a similar project in Nenagh. A follow-up meeting was held within three weeks, a management sub-committee was established and a structure to the organisation was put in place. An application for funding for the administration of the project was subsequently made to the Probation and Welfare Service. Funding was granted. A premises was sought and acquired in Connolly Street, Nenagh. The office is staffed by an administrative assistant. In January 2000, a research assistant was contracted to carry out a base-line study of the pilot phase of the project for a twelve month period.

Structure of NCRP

Click here to view the Nenagh Community Reparation Project Management Strructure.

The Board of Directors consists of fifteen members who are representative of the voluntary, statutory and community organisations in the Nenagh district.
The Management Sub-Committee is involved in the general administration of the Project. While six director members regularly attend a monthly meeting to review progress and carry out administrative duties, these meetings are open to any of the directors to attend.
The panel members are a group of volunteers who represent different community interests. They meet with offenders and victims in an effort to enable both parties to come to an agreement on reparation for the crime committed. There are fourteen people on the panel at present, all of whom received introductory training locally and most have attended an 'Introduction to Mediation' course run by the Tallaght Mediation Bureau. Further training is planned for the near future.

The Probation Officer acts as a Co-ordinator of the project and works with the offender once he/she has been referred by the Judge in Court. The Co-ordinator arranges the meeting between the panel, offender and the victim. Panel members are organised on a rota basis.

Aims of Project

• To provide community reparation for adult offenders by use of alternative means to that of the present justice system.
  
• To minimise repeat offending by confronting the offender with the impact of the crime on others.
• To provide the community with an input into ways of dealing with offenders.
• To ensure that the offenders accept responsibility for their actions and that they make reparation to their victims.
• To reduce crime and to minimise repeat offending.
  

The Reparation Process

There are three elements to the reparation process:
Referral Process
Meeting with Panel
Contract

1. Referral Process
   The focus of the Nenagh Community Reparation Project is much more on reparation rather than mediation. The process is as follows: After pleading guilty the offender is offered the reparation option if the Judge considers it a suitable case. The Co-ordinator explains the Project and the expectations of any contract to the offender. If the offender then agrees to participate in the Project, the Judge will adjourn the case to the next court (usually one month) for the offender to meet with the panel members, the Co-ordinator, the Gardaí and possibly the victim. The victim is contacted by the Project for the first time after the court hearing and offered the choice of participating or not participating in the Project. If the victim does not wish to participate, the process can still continue.
   
   
2. Meeting the panel
   The meetings between the panel, offenders and victims are held in the Project office at various times during the day or evening. The meeting is chaired by the Co-ordinator. In addition to the Co-ordinator and two panel members a Garda also attends. The offender is asked to outline the reason for his/her appearance there. The Garda has the facts of the case with him/her to ensure full disclosure or to clarify any confusion. If victims are not present the Co-ordinator may have a statement from them and this is read to the offender. Panel members begin their questioning. Victims, when present, are also able to ask questions or make comments. A discussion will follow with everybody present encouraged to put forward ideas and possible options for resolving matters. The panel members use this information to help develop the strengths and skills of the offender. Offenders and victims participate in setting an option plan that everyone agrees is fair and achievable. The Co-ordinator checks that this is the situation several times during the process. The panel members must be satisfied that any apology is genuine and that any offer of reparation is honest, fair and achievable.
   
   
3. Contract
   If a contract of reparation is agreed at this meeting it is then presented to the Judge on the adjourned date for approval. If this is forthcoming the Judge will agree to adjourn the case for the implementation of the contract. On the second return to court, the success of the contract is outlined to the Judge and depending on the outcome he will either dismiss the charge or go on to deal with the matter as he would have the first day.
   

1. The Criminal Justice (Court) System
   
2. The Probation and Welfare Service
   
3. The Gardaí
   
4. Project Co-ordinator - Probation & Welfare Officer
   
5. Management sub-committee
   
6. Community Organisations
   
7. Panel Members
   

Click here to See a diagram of the Inter Agency and Community Support.

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