Dáil Éireann Debate, Thursday - 26 March 2026
377. Deputy Aidan Farrelly asked the Minister for Justice, Home Affairs and Migration the number of instances in which a juvenile liaison officer has utilised the restorative justice mechanism with a case in 2025 and to date in 2026; and the Garda district in which this option was utilised. [23402/26]
View answerPart 4 of the Children Act 2001 provides the statutory basis for the Garda Diversion Programme. The intention is to divert children and young people who have engaged in criminal behaviour away from the criminal justice system and towards more positive life choices. All children who commit criminal offences are considered for admission to the Garda Diversion Programme. Each case is assessed, and the Director of the Garda Diversion Programme decides if the case is suitable, or not, for inclusion.
Section 26 of the Act provides for the presence of a victim at a formal caution, where the young person accepts responsibility for their offending behaviour.
Where the Director of the Diversion programme directs that a restorative caution be administered, it is an opportunity for a child's behaviour to be addressed in a way that holds the child accountable, while ensuring that the victim experiences validation and recognition for the harm.
By validating the victim's experience and by reintegrating the child back into their community, restorative justice is associated with more positive outcomes for the victim and better outcomes for the offender with a lower risk of reoffending.
This process is facilitated by Garda Juvenile Liaison Officers (JLO) appointed at Divisional level on full time JLO duties. The Garda National Youth Diversion Bureau has responsibility for the selection, training, support and ongoing liaison with a network of Juvenile Liaison Officers in every Garda Community Engagement Area.
I am informed by Garda authorities that the following number of referrals were made to the Garda Youth Diversion Programme where the recommendation was for a Section 26 Restorative Caution.
|
Recommendation |
2024 |
Q1 2025 |
|
Section 26 Restorative Caution |
298 |
31 |
Counts refer to referrals, not individuals, made between 1 January 2024 and 31 March 2025, inclusive.
I am advised by An Garda Síochána that data in relation to youth referrals in 2025 will not be drawn down for analysis until April 2026. As a result, up-to-date figures for 2025 are not yet available.
The Garda authorities do not publicise these details by Division, as to do so may inadvertently risk exposing the identity of those involved.
