TREATMENT OF JUVENILE OFFENDERS

AND THEIR REINTEGRATION

INTO SOCIETY

COMPILED BY SUPERINTENDENT BP KORFF

SOUTH AFRICAN POLICE SERVICE
DIVISION TRAINING: EDUCATION TRAINING AND DEVELOPMENT
RESEARCH & CURRICULUM DEVELOPMENT

FEBRUARY 2010
Treatment of Juvenile Offenders and their reintegration into society

B
 Treatment of Juvenile Offenders and their reintegration into society

ACKNOWLEDGEMENTS

I want to make use of the opportunity to convey my appreciation to the following people for their
positive contribution during my visit to Japan as well as during the compiling of this report:

• The Divisional Commissioner Training, Commissioner Kruser for the opportunity he gave me
to attend the 136th International Training Course in Japan.

• The Component Head ETD Research & Curriculum Development Asst. Comm Van Eyk for his
assistance and inputs during the preparation for the presentation I was tasked to do during
the course in Japan.

• Dir Potgieter and Snr. Supt Burger for their recommendation and support during the
application process to attend the course.

• Dir Du Plessis from ETD Systems, Skills Development and Quality Management for the advice
on the structure of the report and for the recommendations he made to make this document
available to SAPS Libraries/Resource centres.

• Snr. Supt Pienaar-Marais from Support MIC: Div Training for the logistical and technical
arrangements.

• Snr. Supt Nzimela from Division VISPOL: Social Crime Prevention who referred me for
collection of source documents.

• Snr Supt Schoeman and Supt Venter from ETD Research & Curriculum Development for their
assistance by collecting relevant sources during my visit in Japan.

• Supt Mudau from ETD Research & Curriculum Development for his assistance during the
preparation for the presentation in Japan.

• Supt Vermaak from Language Services for language editing.

• Supt Freeman from ETD Research & Curriculum Development for language editing.

• Me. De Kock from Department of Justice who supported me with source documents for my
preparation for Japan.

• Me Smith from Head Office Pension Section for her support and communication during my
visit in Japan.

c
Copyright 2010

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Treatment of Juvenile Offenders and their reintegration into society

ABSTRACT

A Training Course in the Treatment of Juvenile Offenders was presented at the Faculty: United Nation
Asia and Far East Institute (UNAFEI) (for the Prevention of Crime and the Treatment of Offenders) from
20 May 2007 to 29 June 2007 and brought together criminal justice professionals from 16 different
countries, and 7 participants from Japan. The Course mainly focused on “Effective Measures for the
Treatment of Juvenile Offenders and their Reintegration into society” and to share ideas among
participants on challenges faced by their respective countries.

The reporter compiled a report to share information regarding challenges encountered by the
participants, lecturers and visiting experts during the course in Japan. The report mainly focussed on
the group report during group discussions and is as follows:

• Current situation and problems faced by each jurisdiction throughout the legal proceedings
for juveniles and their effective counter measures.

• Effective measures in the institutional treatment of juvenile offenders.

• Effective measures for the community-based treatment of juvenile offenders.

• Effective measures to promote the reintegration of juveniles into the community.

It is recommended that all functional police members of the South African Police Service and members
of other government departments such as: Department of Correctional Services, Department of Justice
and Department of Social Development become more aware of the importance of the issue related
to the juvenile justice system and the treatment of juvenile offenders. In view of the importance of
the issue, actions need to be taken to establish proper standards for the administration of the juvenile
justice system.

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 Treatment of Juvenile Offenders and their reintegration into society

INDEX

Content Page

Chapter 1: General orientation

1.1 Introduction 1
1.2 Background 1
1.3 Training programmes in Crime Prevention 2
1.4 Reason for this Report 2
1.5 Structure 3

Chapter 2: An overview of the Juvenile Justice Procedures in Japan

2.1 Introduction 5
2.2 The Japan Court System and the Family Court 5
2.3 Procedures for juvenile cases 6
2.3.1 Purpose, function and structure of the Juvenile Justice System 6
2.3.2 Jurisdiction of the Family Court over juvenile delinquency cases 8
2.3.3 Referral of cases to the Family Court 8
2.4 Saiban-in System 8
2.5 Summary 9

Chapter 3: An overview of the Juvenile Justice Systems in the respective countries

3.1 Introduction 10
3.2 Juvenile Justice System 11
3.3 Correctional Treatment 14
3.4 Community-Based treatment in Tonga 16
3.4.1 Juvenile legislative System 16
3.4.2 Arresting and detention 16
3.4.3 Service provided by the probation division 16
3.4.4 Trend of youth offenders 17

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Treatment of Juvenile Offenders and their reintegration into society

INDEX

Content Page

Chapter 3 (cont)

3.4.5 Effective measure for institutional/community-based treatment 17

3.5 Efforts of the Special Treatment Unit: Tokyo Probation Office 17
3.5.1 Persons who can benefit from direct treatment 18
3.5.2 The use of the Expressing Feeling Book 18
3.5.3 The content of the work of the Expressing Feeling Book 18
3.5.4 Effectiveness of the Expressing Feeling Book 19
3.5.5 Parent meetings 20
3.5.6 Style of meetings 21
3.6 Summary 21

Chapter 4: Ensuring the process in the Juvenile Justice System

4.1 Introduction 22
4.2 Current situation and challenges 22
4.2.1 Arrest and detention 22
4.2.2 Trial 22
4.2.3 Probation officers and their assessment 23
4.2.4 Diversion 23
4.3 Summary 24

Chapter 5: Effective institutional treatment of juvenile offenders for

their successful reintegration into society

5.1 Introduction 25
5.2 The current situation and problems faced by organizations that
treat juveniles 25
5.2.1 Measures of assessing the individual characteristics 26

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INDEX

Content Page

Chapter 5 (cont)

5.2.2 Development of effective treatment programmes in accordance

with the risk and need assessment 26
5.2.3 Development of an effective treatment programme considering
Victims and/or the harm caused to the victims 29
5.2.4 Continuous collaboration and maintaining links with community-
based treatment services and/ or related organizations for the
effective treatment of juveniles and their reintegration through care 29
5.2.5 An aftercare system which helps maintain the effect of correctional
treatment, reduces the risk of re-offending and enhances the juvenile’s
ability to reintegrate into the community 30
5.3 Summary 31

Chapter 6: Effective community-based treatment of juvenile offenders and

enhancement of the juvenile’s ability to reintegrate into society

6.1 Introduction 32
6.2 The current situation and problems faced by organizations that treat
juveniles 32
6.2.1 Measures of assessing the individual characteristics, degree of risk
and individual needs and classification accordingly 33
6.2.2 Development of effective treatment programmes in accordance
with risk and need assessment 34
6.2.3 Development of an effective treatment programme considering
victims and/or restitution of harm caused to victims 34
6.2.4 Continuous collaboration and maintaining links with institutional
treatment services and/or related organizations for the effective
treatment of juveniles and their rehabilitation through care 37

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Treatment of Juvenile Offenders and their reintegration into society

INDEX

Content Page

Chapter 6 (cont)

6.2.5 An aftercare system which helps maintain the effect of correctional

treatment, reduces the risk of re-offending and enhances the juvenile’s
ability to reintegrate into the community 38
6.3 Summary 40

Chapter 7: Challenges

7.1 Introduction 41
7.2 Comments 41
7.3 Recommendations 42
7.3.1 The current situation and problems faced by each jurisdiction
throughout legal proceedings for juveniles, and their effective
counter measures in place 42
7.3.2 Effective measures for the treatment of juvenile offenders by
various institutions 43
7.3.3 Effective measures for community-based treatment of juvenile
offenders 44
7.3.4 Effective measures to promote the reintegration of juveniles into
the community 45
7.4 Closure 45

References 47

Annexures 49

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ABBREVIATIONS

ACPF: Asia Crime Prevention Foundation

COA: Criminal Offences Act

DQA: Developmental Quality Assurance

FGC: Family Group Conference

NGO’s: Non Government Organisations

NICRO: National Institute for Crime Prevention and Reintegration of Offenders

SAPS: South African Police Service

S v: State versus

UN: United Nations

UNAFEI: United Nations Asia and Far East Institute

USA: United State of America

VOM: Victim Offender Mediation

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 Treatment of Juvenile Offenders and their reintegration into society

CHAPTER 1: GENERAL ORIENTATION.

1.1 INTRODUCTION

Most states recognize the need to treat juvenile offenders differently from adult offenders within the
Criminal Justice System. The international community has also established guidelines and rules to
promote the rights of a juvenile.

In the United Nations Asia and Far East Institute (UNAFEI) Newsletter (2007:2), it is highlighted that it
is necessary for more countries to become aware of the issues surrounding the treatment of juvenile
offenders, and the importance thereof, and to take action to implement changes in their legislation
and/or practices to improve their Juvenile Justice System.

Furthermore, in addition to improving the treatment of juvenile offenders, the need exists to establish
a system that will assist juveniles to reintegrate into the community upon their release. For that
purpose, it is important that restorative justice policies, procedures and programmes be developed to
promote the rehabilitation of offenders, in the best interest of the victim(s).

1.2 BACKGROUND

The separation of juvenile offenders and adult offenders is of great importance. The establishment of
task teams within the Criminal Justice System could achieve this. In most countries there is legislation
ensuring special treatment, education and welfare of juvenile offenders.

The United Nations has taken actions to establish standards for the administration of Juvenile Justice
Systems. In 1985, the “United Guidelines for the Prevention of Juvenile Delinquency” and the “United
Nations Rules for the Protection of Juveniles Deprived of their Liberty” discuss the issue of treatment
of juveniles and the prevention of juvenile delinquency/crime. In 2000, the Tenth United Nations
Congress took place in Vienna. During this congress, the importance of taking measures to prevent
juveniles from becoming delinquent, or to be recruited by adult criminal groups, was highlighted.

The Convention on the Right of the Child was adopted in 1998. It contains several provisions calling
upon the State Parties to ensure an effective Juvenile Justice System. In many parts of the world, there
is recognition of the importance to improve the Juvenile Justice System.

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1.3 TRAINING PROGRAMME IN CRIME PREVENTION: (EFFECTIVE MEASURES FOR THE

TREATMENT OF JUVENILE OFFENDERS AND REINTEGRATION INTO SOCIETY):
UNAFEI, JAPAN

A Training Programme in the Treatment of Juvenile Offenders was presented at the Faculty: United
Nations Asia and Far East Institute (UNAFEI), for the Prevention of Crime and the Treatment of Offenders
from 20 May 2007 to 29 June 2007. The programme brought together criminal justice professionals
from 16 different countries, namely: Bhutan; Brazil; Cameroon; China; Honduras; Iraq; Korea; Myanmar;
Panama; Philippines; South Africa; Sri Lanka; Tonga; Vietnam; Zimbabwe and Japan. The foreign
participants consisted of Senior Officials from the Ministry of Justice, as well as the Ministry of Interior,
Senior and experienced Police Officers, Probation Officers, Correction Officers and Prosecutors.

The programme had the same objective, namely “to uphold justice”. The programme presented
participants the opportunity to share knowledge and rich experiences on how best they can effectively
deal with the problem of crime. The skills participants acquired from the programme, will be utilized in
the best way possible with a view to realize the ultimate goal of the Asia Crime Prevention Foundation
(ACPF) i.e. “Prosperity without Crime”. The main theme of the Training Programme was “Effective
Measures for the Treatment of Juvenile Offenders and their Reintegration into Society”. The
purpose of this Programme at UNAFEI was to share, examine and analyse the existing ways of juvenile
treatment, and the reintegration of juvenile offenders in their respective countries. This enables the
participants to identify the current challenges faced by each of their countries; but most importantly,
to explore ways applicable and practical for each respective country that will be effective for the
treatment of juvenile offenders.

The Programme mainly focuses on the following:

• The current situation and problems faced by each jurisdiction throughout legal proceedings
for juveniles, and their effective counter measures in place.

• Effective measures for the treatment of juvenile offenders by various institutions.

• Effective measures for community-based treatment of juvenile offenders.

• Effective measures to promote the reintegration of juveniles into the community.

1.4 REASON FOR THIS REPORT

Superintendent Korff from the South African Police Service, placed at Division Training: Research &
Development, was involved in the development of the Children and Youth at Risk Learning Programme
for the SAPS. Supt Korff accordingly attended the programme in Japan as mentioned in Par 3. He
intends to share valuable information and his knowledge and skills gained from the programme with
role players such as the Department of Justice; Department of Correctional Services and Department
of Social Development.

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 Treatment of Juvenile Offenders and their reintegration into society

1.5 STRUCTURE

The structure is as follows:

Chapter 2 mainly describes the Juvenile Justice System in Japan. It aims to explain the structure of the
Japanese Court System, and the Family Court and the flow of procedures during juvenile cases.

Chapter 3 mainly concentrates on an overview of the Justice Systems in the respective countries as
mentioned in Par 3. The reporter focused on the following issues obtained from individual presentations
by participants who attended the programme in Japan: Minimum/maximum age of a juvenile; criminal
liability; types of crime committed; Juvenile Justice System (legislation); and juveniles arrested. This
chapter will enable the reporter to do a comparative study among the different countries for findings
and recommendations in Chapter 7.

Furthermore, group activities on how to use social skills to effectively communicate with juvenile
offenders were conducted. Group work (three groups) with plenary meetings took place, enabling
participants to fully comprehend the various issues relating to effective measures for the treatment of
juvenile offenders and their reintegration into society. The valuable information and the knowledge
gained provided them a useful platform to share their ideas and experiences; and in the workshops in
particular, to formulate specific and concrete recommendations on the programme’s theme.

Concerning Chapters 4, 5 and 6, the group reports (minutes of discussion points) enabled the reporter
to make certain comments on the following challenges identified:

Chapter 4 (Juvenile Justice System) focused on the following:

• The current situation with regard to the legal framework for arrest,
detention, transfer, prosecution and trial;
• Assessment of the degree of risk of re-offending;
• Diversion.

Chapter 5 (effective institutional treatment of juvenile offenders) focused on the following:

• The current situation and problems faced by organizations that treat juveniles;
• Measures to assess individual characteristics;
• The development of an effective treatment programme in accordance with the risk and
needs assessment;
• The development of an effective treatment programme considering victims and/ or
restitution of the harm caused to the victims;
• Continued collaboration with community based treatment through care; and
• After-care systems to reduce the risk of re-offending.

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Treatment of Juvenile Offenders and their reintegration into society

Chapter 6 (Effective community-based treatment of juvenile offenders) focused on the following:

• The current situation and problems faced by organizations treating juveniles;

• Measures for assessing individual characteristics, the degree of risk, individual needs and
classification;
• The development of an effective community-based treatment programme in accordance
with the risk and needs assessment;
• The development of an effective treatment programme considering victims and/ or
restitution of the harm caused by the offender;
• Continued collaboration with community based treatment through care; and
• After care systems to reduce the risk of re-offending.

In Chapter 7, the reporter made certain findings and recommendations on how to implement an
Action Plan on the treatment of juvenile offenders and their reintegration into the community.

Lastly the reporter also made recommendations regarding communication with juveniles, diversion
practices and restorative justice. For these purposes the reporter will extract certain points from the
presentations delivered by the various experts.

Certain challenges within the Justice System in South Africa, with possible solutions, were identified:

• The Child Justice Bill is in the process of being promulgated.

• A comprehensive Crime Prevention Policy on Child Justice needs to be developed that aligns
with the principles and objectives of the Child Justice Bill.
• Statistics regarding the treatment of juvenile offenders need to be improved.
• Speedy trials have to be arranged for juvenile offenders.
• The disposition of juvenile offenders needs to be addressed.
• Specialization has to be developed and increased.
• The protection of detained juveniles from possible torture during detention has to be
improved.
• Collaboration between institutional treatment and community needs must be entranced.
• The ensuring of an effective partnership between all Departments involving in child justice.

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 Treatment of Juvenile Offenders and their reintegration into society

CHAPTER 2: AN OVERVIEW OF THE JUVENILE JUSTICE PROCEDURES IN JAPAN.

2.1 INTRODUCTION

According to Oshino (2007: 4), most western countries established juvenile law between the 19th
century and 1920’s. Juvenile Law was enacted in 1922 and was put into effect in 1923. After the
Second World War, it was suggested by the General Headquarters of the Allied Forces, that the legal
framework should be changed. During 1940s, early 1950, fundamental changes were brought about
in the legal system, including the Constitution, the criminal procedure law and the juvenile law.

Oshino (2007: 4), states that the main characteristic of the existing Juvenile Law is the philosophy
of “Parents Patriae” (parent of the country). The aim is to rehabilitate delinquent juveniles through
education and protective efforts.

2.2 THE JAPANESE COURT SYSTEM AND THE FAMILY COURT

The Japan Court System consists of five courts, namely, the Supreme Court, High Court, District Court,
Family Court and the Summary Court. Delinquency cases are handled by Family Courts.

There are 50 Family Courts with 203 branch offices and 77 local offices in the four judicial districts
(see figure 1). In the Family Court, there are approximately 700 judges including assistant judges,
1,300 court clerks and 1,600 family court probation officers. In addition, there are many other officers,
including some medical officers and nurses.

The family courts strive to give the necessary protective measures to delinquent juveniles in civil and
criminal cases. During the court procedures, the probation officer plays an important role to ensure
safety and support to the juvenile such as education at a Juvenile Training School, with a view of
protecting juveniles rather than punishing them. (Oshino, 2007: 5)

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Treatment of Juvenile Offenders and their reintegration into society

Figure 1: Structure of the Ministry of Justice

Minister of Justice DEPT OF JUSTICE National Offenders

Rehabilitation
Commission

Senior Vice - Minister Supreme Court

of Justice (Tokyo) (1)
Rehabilitation Bureau

Parliamentary Secretary High Courts (8) (With 6

for Justice branches and Intellectual Regional Parole Boards
Property High Court (1) (8)

Vice Minister of Justice

District Courts (50) Probation Offices (50)
(With 203 branches) Volunteer Probation
Offices (50)

Family Courts (50)

(With 203 branches and Branch Probation Offices
77 local offices) (3)

Summary Courts (438) Local Probation Offices

(27)

(Source: Document: Ministry of Justice: 2007:3)

2.3 PROCEDURES FOR JUVENILE CASES

2.3.1 Purpose, function and structure of the Juvenile Justice System

• Purpose and function

Oshino (2007: 6) says that the most important purpose is welfare and education, in order to promote
welfare to rehabilitate delinquent juveniles. The Family Court in Japan provides protective and
educative treatment to delinquent juveniles. In Japan, a probation officer plays an important role
during the justice system procedures. The probation officer is actually the link between the juvenile
offender, the family and the prosecutor.

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 Treatment of Juvenile Offenders and their reintegration into society

• Structure of the Juvenile Justice System

The Japanese Judicial System utilises the “principal of Ex Officio which means the Inquisitorial Principle.
This principle is adopted in criminal trials in most countries (Oshino, 2007:7).

• Judicial functions of the Juvenile Justice System

Oshino (2007: 7) mentioned that the four most significant functions are as follows:

• “The Principle of No Adjudication without Referral” the Family Courts decide only
on juvenile delinquency cases, which are referred by the police, prosecutor or
probation officer.

• The strictness of fact-finding: Family Courts render protective measures to juveniles;

conviction must be established by evidence beyond a reasonable doubt, the same as
in criminal trials.

• The Fundamental Rights of juvenile must be upheld. The judge needs to inform the
juvenile of the alleged delinquent act and give him/her the opportunity to make
statements concerning the allegations.

• To protect and maintain the safety of the society and welfare of the public.

• Referrals

All juvenile delinquency cases are referred to the Family Court, no juvenile offenders can be prosecuted
in a regular court without a decision from the family court.

• Non- publicity (In camera)

The public is not allowed to attend a juvenile hearing, in order to protect the interest of privacy of
the juvenile. Even during investigation, great attention is paid not to harm the juvenile’s feelings and
reputation.

• Separation of handling

A juvenile suspect or accused is separated from other suspects or accused and is kept, as far as
possible, out of contact with them. Social inquiries and hearings in the Family Court are also conducted
separately from other juveniles. (Oshino, 2007: 9)

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2.3.2 Jurisdiction of the Family Court over juvenile delinquency cases

• Juvenile Offender

In Japan law, a juvenile can be defined as a person under the age of 20 years. The minimum age
of criminal reliability is 14 years. A juvenile between the age of 14 and 19 years who is involved in
juvenile misconduct is called a “juvenile offender”.

• Law-breaking Child

The Child Guidance Centre primarily handles children under the age of 14 years, when they have
committed acts, which, if committed by a person over the age of 13, would constitute an offence
under the penal laws. Only the Chief of the Child Guidance Centre refer them to the Family Court.

• Pre-Delinquent Juvenile

Oshino (2007: 10) mentioned that the family Court have jurisdiction over a minor, when:

• Habitually disobeys the proper control of the custodian;

• Repeatedly runs away from home without proper reason;
• Associates with persons having a criminal tendency; and
• Habitually acts so as to harm or to endanger his/her own morals or those of others.

In practice, only 0.5 percent of the juvenile delinquency cases are cases of pre-delinquent juveniles.

2.3.3 Referral of cases to the Family Court

Oshino (2007: 10) stated that with regard to arrest, the police should try to avoid arresting juvenile
suspects. In the case of detention, if there is no such circumstances, but a need for custody, the
persecutor may request a Judge to order an alternative measure, i.e., protective detention for ten
days in a juvenile classification home.

2.4 SAIBAN-IN SYSTEM

On May 28, 2004, the Law for Implementation of the Saiban-in System in Criminal Court Procedures
was promulgated. The outcome of the Saiban-in System is for a faster, friendlier, and more reliable
justice system in which the general public can all participate. The Justice System was implemented in
May 2009. (Source: Start of the Saiban-in System)

Cases that are being covered are serious cases that are of particularly high interest to the public such
as murder cases. In order to select saiban-in fairly from a broad spectrum of the general public, saiban-
in candidates will be selected by lot once a year from among people between the ages of 20 years and
70 years. (Source: Justice System Reform of Japan)

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2.5 SUMMARY

In the Ministry of Justice Prospective Document, it states that in Japan, the Ministry of Justice not only
prescribes rules (basic legislation) applicable in daily life, but also the basic judicial framework under
which that rules are faithfully observed.

The Ministry also oversees the management of a system to ensure that the basic human rights of
individuals are respected and that peace and order in society are ensured.

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CHAPTER 3: AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM IN THE RESPECTIVE

COUNTRIES

3.1 INTRODUCTION

The 136th International Training Course has brought together criminal justice professionals from 16
different countries, namely Bhutan; Brazil; Cameroon; China; Honduras; Iraq; Korea; Myanmar; Panama;
Philippines; South Africa; Sri-Lanka; Tonga; Vietnam; Zimbabwe and 7 participants from Japan. The
foreign participants consist of Senior Officials from the Ministry of Justice and the Ministry of Interior,
Senior and experienced Police Officers, Probation Officers, Correction Officers and Prosecutors.

The aim is to have an overview of the respective countries regarding the criminal justice
system, focussed on juvenile delinquency. The reporter wants to make certain recommendations in
chapter 7 on what system could be implemented in the South African Justice System.

During individual presentations, the participants from the different countries focused on the following
dimensions as mentioned on table 1 below.

• Juvenile Justice System

• Correctional Treatment
• Community-Based Treatment
• Probation Officer

Table 1: Dimensions

Juvenile Justice Correctional Community-Based Probation

System Treatment Treatment Officer

• Bhutan • Hong-Kong • Tonga • Japan

• Brazil • Myanmar
• Cameroon • Sri-Lanka
• Honduras
• Iraq
• Korea
• Panama
• Philippines
• Sri-Lanka
• Vietnam
• Zimbabwe

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3.2 JUVENILE JUSTICE SYSTEM

Table 2 below indicates the following concepts namely; age of a juvenile, criminal liability, types of
crime, juvenile justice system, and juvenile arrested.

Table 2: Juvenile Justice System

Country Age of a No criminal Types of Juvenile justice Juvenile

juvenile liability crime system arrested
Bhutan Between 10 Below 10 Burglary, drug No separate 1153 Juveniles
and 18 years. years. abuse and juvenile justice arrested, 128
battery. legislation or a juveniles
comprehensive convicted.
juvenile justice in
place yet.
Brazil Between 12 Below 12 Robbery, “Infraction” for 2186 Juveniles
and 18 years. years. physical the adolescent arrested.
aggression, and “crime” for
sexual offences adults. A child is
and house not recognising
breaking. a prisoner, but an
intern.
Cameroon Between 14 Below 10 Not stated. Penal Code of 2007: Not stated.
and 18 years. years. Arrest and police
custody the same
as adults, but must
be kept separate
from adults.
Honduras • 18 Years Males below Robbery, Constitution of 6514 Juveniles
or younger 12 years & illegal guns Honduras states arrested.
recognise as female below currying, Illicit children younger
adolescent. 14 years. association than twelve
• Between 18 gangs. place them into
and 21 year the disposal of
recognise as parents or legal
juvenile adult. representative care.
Iraq • Child Below 7 Gender A young person Not stated.
between 7 years. violence and from the age of
and 15 years. terrorism. 15 years may
• Juvenile be sentenced in
between 7 a correctional
and 18 years. institution.
Young person
between 15
and 18 years.

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Table 2: Juvenile Justice System (cont)

Country Age of a No criminal Types of Juvenile justice Juvenile

juvenile liability crime system arrested
Korea • Illegal Below 12 Property There is a juvenile Not stated.
behaviour: years. offences, justice system
between 12 violent in place, but
and 14 years. offences and victims may suffer
• Pre- traffic violation secondary. In this
delinquents offences. case victims of
12 years and crime may have
older. to go through the
• Juvenile criminal justice
offender system to get
between 14 compensation for
and 19 years. their damages.
Panama Person under Not stated. Robbery, Panama rectified 1392 Juveniles
age of 18 drug traffic, the Convention arrested.
years, murder, sexual of the Right of
violations and the Child. The
kidnapping. law enforcement
is the Family
Code and Law
40 on the Special
Regime of Criminal
Responsibilities for
Adolescent.
Philippines Between 15 Not stated. Not stated. Law of Public Act, Not stated.
and 18 years. Juvenile Justice
and Welfare Act,
Revised Penal Code
of the Philippine
Presidential Decree
and protection
against Abuse,
Exploitation and
Discrimination Act.
Sri-Lanka • Child: under Proposed to Theft, drug The Penal law and Not stated.
14 years. change the use, house Children and Young
• Young age from 8 to breaking and Persons Ordinance,
person: over 10 years. sexual offences as Amended in
14 less than and vagrancy. 1978.
16 years.
• Youthful
person:
Between 15
and 18 years.

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Table 2: Juvenile Justice System (cont)

Country Age of a No criminal Types of crime Juvenile justice Juvenile

juvenile liability system arrested
Vietnam Between 14 • Persons 14, less Intentionally Vietnam has Not stated.
and 18 years. 16: penal liability inflicting injury special provisions
for serious or causes harm, stipulated in the
crimes plundering Penal Code and
• Persons older property, Criminal Procedure
than 16: penal extortion of Code, applicable to
liability for all property, robbery juvenile offenders.
crimes. by snatching,
theft and the
breaching
regulations.
Zimbabwe Between 14 • Children Not stated. Not stated. Not stated.
and 18 years younger than 7
not criminally
liable
• Persons
between 7 and
14 years are
presumed to
lack criminal
capacity
• Children over
14 years have
capacity to
commit crimes.

Sources: Karma Sonam, (2007: np); Caracel,(2007: np); Asaah Ngu,(2007:2-4); Al-Taher, (2007:12); Park,
(2007:4-5); Parodi, (2007:np); Senot, (2007:2&16); Waidyaratne, (2007:2-4); Chu Thang Quang, (2007:
1,2&10); Makwakwa, (2007:1&14).

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3.3 CORRECTIONAL TREATMENT

Table 3 below indicates the following concepts namely: age of a juvenile and sentencing options for
young offenders.

Table 3: Correctional Treatment

Country Age of a juvenile Sentencing options for young offenders.

jail
Hong Kong Below 18 years. • Pre-sentencing Assessment

The court will decide on the following conditions, namely:

the character of young offender and the physical and mental
conditions. In the process of pre-sentencing assessment,
an intake officer will pay visits before compiling a report of
the social history of the young offender. The major criteria
for admission to a drug addiction treatment centre are drug
dependence at the time of admission.

• Treatment programmes

An alternative to imprisonment for young offenders ages

between 14 and less than 25, who do not have a long string
of previous convictions and whose offences are not serious
in nature to receive rigorous programmes, provided young
offenders with treatment emphasising strict discipline, hard
work, physical training and foot-drill. The aim is to teach
offenders to have respect for the law, self-respect, and an ability
to live with other people in harmony. (Cheung, 2007:2 to 9)
Myanmar Between the ages of The Beijing Rules stipulate alternative sentences systems;
14 and 19 years. • Care, Guidance and Supervision Orders

A care, guidance and supervision orders place the child under

the supervision of a specific adult or peer mentor to monitor the
child’s behaviour.

• Community Service Order

Community service orders are very tangible methods to making

children take responsible for their wrongdoing.

• Compensation and Restitution

Many countries now permit the child to compensate for the

damage caused by the offence by performing some service for
the victim’s benefit.

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 Treatment of Juvenile Offenders and their reintegration into society

Table 3: Correctional Treatment (cont)

Country Age of a juvenile Sentencing options for young offenders.

jail
Myanmar • The Reporting to Open Training Centres
(cont)
Day reporting or open training centres or day reporting centres are
highly structured, community-based non-residential programmes
for dangerous child offenders.

• Open custody Group Homes

Open custody facilities are particularly appropriate for non-violent

children offenders who are not dangerous to the community, but
who are in lack of appropriate parental care. (Kyaw, 2007: 10 &11)
Sri-Lanka Between the ages Upuldeniya (2007: 2) refers to the history of rehabilitation for youth
of 16 and 22 years. offenders that commenced in 1926 by the Scouts Troup formed
by the Royal Scouts Headquarters. The said Scouts participated in
processions and “Shramadana” movements outside the prisons.

Later in 1940, the Bostel Institution was established for the training
of youth offenders. It was the first institution established in Asia for
youth offenders. Now youth offenders are being rehabilitated and
sent back to the society.

Youth offenders are accommodated in three different institutions,

namely

• Training schools for youthful offenders

• Closed prison and open camp
• Open camp

The second and third institutions mentioned above detains youthful

offenders between the age group of 16 – 22, especially children
convicted for drug offences.

A large number of children between the ages of 16 – 22 are

convicted and imprisoned for various offences. The convicted
children have increased from 2001 to 2005, and the main reason
may be that after release into the society, they are falling back to
criminal habits. The other reason is that there are non- availability of
institutional facilities in Sri-Lanka.

The rehabilitation programme’s objective is to develop a detainee

skills, an educational level, vocational training through a number of
formal training schemes.
(Upuldeniya, 2007: 4, 11 & 12)

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Treatment of Juvenile Offenders and their reintegration into society

3.4 COMMUNITY-BASED TREATMENT IN TONGA

“The Kingdom of Tonga (also known “The Friendly Islands) is a monarchy with King George V as the Head
of the State”. (Source: Kuli, 2007:2)

Kuli, (2007:10) stated that the living arrangement for some juveniles is bad due to broken families. In
some cases both parents migrated overseas and left the juveniles with some relatives who are equally
neglecting the parenting of these juveniles.

In certain villages, there are cases where the juvenile commute between his/her parents finally ending
up in some “boys hut” living with a peer group where he/she can pick up kinds of criminal activities.
Some juveniles left schools at a young age and do hard labour to seek an income.

3.4.1 Juvenile Legislative System

The 1875 Constitution of Tonga is still the Supreme Law in the country (this is also one of the oldest
Constitutions of the world). Currently the Criminal Offences Act (COA) is the law that governs any
criminal activities within the Kingdom. The law of Tonga does not provide what is the youngest age
that could be charged with a crime in the Kingdom.

Tonga is in process to establish a separate court for juvenile and enact a separate Juvenile Act. The
Convention for the Rights of a Child was launched a few years ago. (Source: Kuli, 2007:2 & 10)

3.4.2 Arresting and detention

Kuli, (2007:10) says that there is no difference within the arresting procedure of a juvenile and on
adult offender. The juvenile is detained in the same way as the adult and placed into the same cell as
the adult and treated the same way.

It was known that after the “16/11 Riot” in Tonga, so many people were arrested including a few
juveniles. These juveniles were detained together with the adult offenders from overnight to a week
or more.

Additionally, the same prosecution procedures are applied for the juvenile as the adult, and the same
sentence is applicable.

3.4.3 Service provided by the probation division

The Probation Division in Tonga handles both the adult and youth cases. There are only a few probation
officers and their work is limited only in those courts in the main island, unless there is an urgent need
for an officer for the other islands. The new rehabilitation programme is in process to be implemented,
where youth who are 17 years and younger and who is a first offender are to be diverted under the
direction of the Prosecution. (Source: Kuli, 2007:3 & 4)

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 Treatment of Juvenile Offenders and their reintegration into society

3.4.4 Trend of youth offending

According to statistics shown, the trends have fluctuated (decreasing and increasing) for the last four
years (2002 to 2005) as indicated in the table below. Let look at the most criminal activities.

Offences 2002 2003 2004 2005

Drunkenness 348 274 443 417
Common assault 106 102 82 74
Abusive language 40 31 45 39
Theft 57 113 191 39

It seems that the juvenile’s commit no serious crimes. Drunkenness is the highest offence and it shows
a fluctuation of figures, maybe caused by the fact that there is no sufficient recreational activities for
the juveniles. The rest of all the other criminal activities as indicated on the above table shown that
there is a decrease in criminal trends. (Source: Kuli, 2007:8 &9).

3.4.5 Effective measure for institutional/community-based treatment

Kuli, (2007:12) states that there is a lack of sufficient treatment centres in Tonga. There is a good relation
with the NGO’s, which consist of the Tonga Salvation Army, Tonga Women and Children Centre, Legal
Literacy and Tonga National Youth Congress.

Kuli, (2007:13) further mentions that there is a “restorative justice” system unofficially being practiced
in one of the villages in Tongatapu. During the “fono” meetings, the offender makes some kind of
apology and some kind of agreement is made between the offender and the victim. The offender will
restore his/her relation with the victim.
Kuli, (2007:14) says that in Tonga, there is a good method used to include the youth offender in the
community by means of a “Kava party”. During this the community gathers to give the youth offender
“good advice” and let him/her understand that he/she is not an “outcast”.

3.5 EFFORTS OF THE SPECIAL TREATMENT UNIT: TOKYO PROBATION OFFICE

Otani (2007: np) said that the purpose is to improve treatment methods by the probation officer. This
method was established in forty seven (47) Prefectural (Police Head Offices) offices in Japan.

The Special Treatment Unit has the following activities, namely:

• Direct treatment of persons who are difficult to treat;

• Preparation of the “Expressing Feeling Book” (annexure A);
• Holding of parent meetings;

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Treatment of Juvenile Offenders and their reintegration into society

• Implementation of sex offender treatment programme; and

• Family group conference, where juveniles are arrested for stimulant drug abuse

3.5.1 Persons who can benefit from direct treatment

• Juveniles who have developmental disorders, including pervasive development

disorders;
• Juveniles who have mental disabilities;
• Juveniles whose family relationships are complicated, due to domestic abuse and the
like; and
• Sex delinquents, and so on.

3.5.2 The use of the Expressing Feeling Book

Otani (2007) stated that the purpose of the Expressing Feeling Book (annexure A) is to help juveniles
face up to their own anger and learn how to deal with this. During interviews with the juvenile,
the probation officer can observe how the juvenile expresses himself or herself properly using the
workbook during supportive and receptive exchanges.

The Expressing Feeling Book is used during regular interviews for 20 to 30 minutes. Homework is also
assigned from time to time on what is learned is expected to be reflected in everyday life.

Otani (2007) emphasized that during the interview, the probation officer needs to evaluate juveniles’
efforts and to motivate them. They must listen to the juveniles’ feelings and backgrounds and carefully
think together how to improve their situations.
Otani (2007) further mentioned that the probation officer should endeavor to let the juvenile express
him or herself as they are without forcing exemplary answers on them.

3.5.3 The content of the work in the Expressing Feeling Book

The content of each work are as follows:

• Work A: “Face up to your anger”

• Work B: “Keep good company with anger”
• Work C: “How can you communicate feelings of anger”
• Work D: “Communicate your feelings”
• Work E: “Face up your attitude”

You are referred to look at the content of each workbook as attached on annexure A.

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 Treatment of Juvenile Offenders and their reintegration into society

3.5.4 Effectiveness of the Expressing Feeling Book

The reporter refers to the following case studies, during interviews, which took place.

• Case study 1: 14 year old boy

• Type of delinquency: Indecent assault
• Type of probation: Probation by the decision of a family court.

(Characteristics of the case)

• He was poor at understanding others’ feelings.

• He might be suffering from Asperger Syndrome.

The Expressing Feeling Book was started to be used five months after he started probation. He
verbally practices his feelings and communicates his feelings to others more in order to acquire
the communication skills necessary for reducing stress. He also practices to understanding other’s
feelings in order to become able to understand the victims’ pain. For that purpose, Work “A” to “E” in
the Expressing Feeling Book was carried out.

Impact of the Expressing Feeling Book after treatment

• He began to make efforts to express his feelings with words.

• He began to put “I-Message” into practice in everyday life.
• He became able to deal with classmates’ provocations calmly, with the result that his stress
from relationships decreased.
• His communication skills and sociability improved.
• He was released from probation one year after the beginning of probation.

• Case study 2: 16-year old girl

• Type of delinquency: Bodily injury.

• Type of probation: General short-term probation by the decision of the family court.

(Characteristics of the case)

• She began to associate with juvenile delinquents when she was a junior high school student.
She has a tendency to play truant at school.
• She took a narrow view of things and easily lost her temper.
• A volunteer probation officer treated her.

She quarreled with a friend and used violence five months after the beginning of probation. This
started the use of the Expression Feelings Book to develop her abilities to control anger and express
her feelings with words. Work “A” to “D” in the Expressing Feeling Book was carried out.

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Treatment of Juvenile Offenders and their reintegration into society

Impact of the Expressing Feeling Book after treatment

• Through role-play games with the volunteer probation officer, she realized that her
apologetic feelings disappeared when her anger came to the front. She began to make
efforts to communicate her feelings with words.
• She did part-time work and her life began to center around her work.
• She was released from probation ten months after the beginning of probation.

• Case study 3: 17-year old boy

• Type of delinquency: Indecent assault

• Type of probation: Probation during provisional release from reformatory school

(Characteristics of the case)

• He was poor at understanding his and other’s feelings.

• He was also poor at noticing his stress.
• He might be suffering from Asperger syndrome.
• He was treated directly by a volunteer probation officer.
He was assigned to submit part of Work “A” as homework, so that he could notice stress from every
relationships and it would be possible to talk during interviews about how to deal with stress. In
addition, Work “D” was repeated to improve his ability to communicate feelings with words.

Impact of the Expressing Feeling Book after treatment

• He began to be aware of what feelings and stress he had in everyday life.

• He became able to talk about it during interviews. In addition, he began to put “I-Message”
into practice in everyday life and became able to express his feelings.

3.5.5 Parent meetings

Otani (2007: np) says that parents are often isolated from their communities and don’t have anyone
to share their worries and concerns with. She mentioned that there are two purposes for establishing
parent meetings, namely:

• Purpose 1: To give parents an opportunity to talk with each other to reduce their mental
burden; and

• Purpose 2: To give the parents appropriate advice as how to treat their children properly.

Otani (2007: np) defines “Solution-Orientated Brief Therapy” as follows” “The Solution-Orientated
Brief Therapy does not seek the cause of the problem; it develops the things that the juvenile has already
become able to do. Moreover, the therapy sets little changes as objectives and aims to reach goals through
the accumulated achievement of the objectives”.

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 Treatment of Juvenile Offenders and their reintegration into society

Otani (2007: np) shares a few ideas on how to encourage parents to take part. She started to say that
parents need to pay fully attention. She refers to the concept of the “I-Messages” and advises parents
not to accept the consequences of their children’s acts. She advises parents to treat their children a
little differently without criticizing them, and to “observe” their children objectively.

3.5.6 Style of meeting

Otani (2007: np) shortly discuss the style of meetings by mentioning the following; the members
consist on a number of eight parties, namely: the parents, three or four probation officers who attend
the meeting as facilitators. The meeting consists of five sessions, one session last two hours per session,
which are held every two weeks. She stated that during a meeting, new members couldn’t join the
meeting.

Otani (2007: np) close the presentation by referring the parent’s responses. She makes the following
statements, namely: those parents clearly seem to be mentally supported by exchanges with each
other. For example, they say, “I was encouraged by others who have overcome their worries and
improved their relationship with their children.”

She mentioned that there are many parents who find something new in their relationship with their
children when carrying out “I- Message” and other homework presented by the probation officer.

3.6 SUMMARY

Although the respective countries as mentioned in this chapter, they still have the same objective to
uphold justice, even where the application of the laws might be different from country to country. It
can be accepted that these countries have a system for treatment of juvenile offenders and also strife
to act in the best interest of a child. The participants, by sharing ideas tended to implement a system
for problems faced by each jurisdiction in effective treatment of juvenile offenders.

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Treatment of Juvenile Offenders and their reintegration into society

CHAPTER 4: ENSURING THE PROCESS IN THE JUVENILE JUSTICE SYSTEM

4.1 INTRODUCTION

During group discussions, they mainly focused on the process of the juvenile justice system and the
appropriate adjudication/ disposition of juvenile through considering current situation and challenges
facing the respective countries. There was an agreement that some countries are already adhearing
to the United Nations standards, norms and guidelines.

4.2 CURRENT SITUATION AND CHALLENGES

4.2.1 Arrest and detention

In general it can be accepted that most of the countries has a system or law in place which provide
prescriptions or processes of dealing with juvenile offenders who have been arrested. There are
also countries that have no laws in place yet on how to deal with juveniles seperately from adults’
offenders.

In certain countries, the existing laws are not specifically followed by the courts and law enforcement
agencies. Another problem that occurs is that the juvenile offender are not being brought before
court in time due to practical or individual reasons. Reports from probation officers are not submitted
in time or detail is lacking or is not thoroughly completed.

4.2.2 Trial

In Zimbabwe and Vietnam there are legal provisions for juvenile offenders to be represented by
their parent/guardian during trail. It was noted that there are no specific courts to deal with juvenile
offenders and there are no sufficient facilities for their detention.

In Japan the educative measure of a juvenile offender are very effective. Members from a social
movement are of the opinion that the Family Court is being too lenient to juveniles amidst calls for
severe punishment. That is mostly attributed to the fact that there is a lack of awareness campaigns to
inform the public of the positive impact that the juvenile justice system has on juvenile offenders.

It was notified that in Sri-Lanka and Zimbabwe, incidents happened where there is an inordinate
delay before juvenile cases are disposed of. In Japan there are strict limitations concerning detention.
It is clear that only 23 days are allowed from arrest to referral to Family Court.

The Family Court has to decide final disposition, usually within 4 weeks, but maximum 8 weeks, as
provided by the law.

In certain countries legal representation is available, but on the own expense of the juvenile offender.
In Zimbabwe, legal representation is only provided for the state in indictable cases.

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 Treatment of Juvenile Offenders and their reintegration into society

4.2.3 Probation officers and their assessment

In Sri-Lanka it is required that a probation officer should have the necessary sociology background. In
Japan they are expected to be specialists in psychology, sociology and education.

In Vietnam the law does not provide for probation officers. The judge will proceed to deliver his
judgment after considering this assessment of a juvenile offender by the police.

In Japan, assessment of a juvenile offender is carried out by a juvenile classification officer and the
Family Court probation officer. The Family Court in Japan consider two aspects; the criminal facts of
the case and the necessity for educative measures.

The Family Group Conference (FGC) in New Zealand and the Family Court in Japan are good models in
minor cases. The FGC allows the offender and victim of both families to come together (face to face)
to solve the problem without having to appear in court. As far as restorative justice is concerned, the
probation officer and police officer attend the meeting and progress is reported to the prosecutor.

4.2.4 Diversion

During group activities it was found that there is no common understanding for the different concepts
of the definition of diversion. The definition that was agreed to is “ the channeling of juveniles away
from the formal court system into reiterative programmes.”

In Vietnam provisioning is made for diversion in both criminal and administrative procedures in
which courts play no part. In the administrative procedures, the police take the juvenile to the local
government who sends the juvenile to a training school.

In Panama, the judge of adolescents deals with issues of diversion. The judge of adolescents can
prescribe social or educative measures for a juvenile offender in non-serious cases.

Various programmes for diversion for children in conflict with the law exist in Philippines, for example:
Barangay Court System (village court); police prosecutors and lastly the courts. In minor cases diversion
is allowed where the possible penalty does not exceeds 6 years.

In Zimbabwe there is no diversion programme for juvenile offenders yet. A principle called de mi nis
non cural lex is used where the prosecutor can decline the prosecution in trivial cases. The problem is
that there is no provisioning for the juvenile offender to take responsibilities for his/her conduct. The
offender is not send for correctional and/ or rehabilitation treatment. A proposed diversion program is
submitted to their National Committee on Community Service for Victim Offender Mediation (VOM).

The Family Court in Japan can be seen as special model of diversion. More than 70% of all juvenile
cases have been dismissed without any disposition. However, in some cases, it is difficult for the court
to fully reflect the victim’s voice in disposition.

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Treatment of Juvenile Offenders and their reintegration into society

At present there is also no diversion programmes in Sri-Lanka. The law actually enables a juvenile
court judge to proceed with protective measures and diversion in cases of minor nature.

4.3 SUMMARY

From the information above it is clear that not al the countries are functioning at the same level and
that there are gaps which need to be addressed. (Source: Group 1: Group Report of the Course.
27 June 2007)

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 Treatment of Juvenile Offenders and their reintegration into society

CHAPTER 5: EFFECTIVE INSTITUTIONAL TREATMENT OF JUVENILE OFFENDERS

FOR THEIR SUCCESSFUL REINTEGRATION INTO SOCIETY

5.1 INTRODUCTION

According to feedback from the group discussion, it was agreed on that we need the specialization of
services regarding institutional treatment of offenders. There are some role conflicts amongst different
departments due to various responsibilities.

There is a need to look at smooth communication and cooperation to solve the difficulties the different
countries faced in their work field.

5.2 THE CURRENT SITUATION AND PROBLEMS FACED BY ORGANISATIONS THAT TREAT
JUVENILES

Most of the participants are of the opinion that role players should take responsibility for specific
duties, such as education, security, discipline and security for the juvenile offender. For these purposes,
the smooth intersectional communication and cooperation to solve problems are needed.

In countries such as Sri-Lanka, Hong Kong and Bhutan, there is a separate (section/system) for giving
attention to training, which includes counselling and education on the one hand, and security on
the other hand. In Japan, it is (expected) that all the staff are (required) to be fully confident with all
programmes including security matters as well as educational or psychological treatment.

In most of the respective countries, publicity through TV or radio programmes is broadcast to reduce
the biased image of inmates. The acceptance of inmates is indispensable not only for the rehabilitation
and reintegration of juveniles, but also to building supporting programmes among the community
members.

One of the worst challenges identified by the group is the overcrowding in juvenile rehabilitation
centres. It was agreed on that overcrowding would cause terrible conflicts among inmates. In
Japan there is a parole system that overcomes the problem of overcrowding. It was mentioned by
the participant from Sri Lanka that the parole system does not function well enough to succeed in
reducing overcrowding conditions.

Another challenge is to establish family support systems for parents to assist with the stabilisation
of juvenile behaviours and emotions. In most families the problems, which are faced, are broken and
dysfunctional families which cause aggravated juveniles’ misbehaviours.

Judge O’Driscoll introduced the Family Group Conference (FGC) Model from New Zealand Justice
System. O’ Driscoll. (2007: 19) says that Family Group Conference allow a young person to participate
in the fundamental questions and decisions that face the prosecution authority and the Court as a
result of the young person’s behaviour. The type of decision to be made depends, naturally, on the
reason for convening the FGC and the type of FGC being held.

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Treatment of Juvenile Offenders and their reintegration into society

A participant from Korea mentioned that in his country, they have a video meeting system between
juveniles accommodated in institutions and parents in the community, in place. During the group
discussion it was clear that most of the correctional systems in the respective countries are suffering
from lack of sufficient human and financial resources. Most countries experience the difficulties of
upgrading the equipment and facilities, because of the lack of financial input.

5.2.1 Measures of assessing the individual characteristics

It is important to understand the process of assessment of the individual characteristics. For this
purpose, all probation officers, psychologist and social workers should be participating. In Japan
and Korea, a new developed personality attitude test to assess the juvenile during interview was
implemented. In Hong Kong, intake assessment for offenders would be conducted after their
admission into correctional institutions for the purpose of placement.

It was mentioned by Judge O’Driscoll that the criminal history of the juvenile offender could be used
to know more about the criminal pattern and re-offending. During group discussion, it was agreed
upon that home visits or parents’ interviews are dispensable in order to get the proper information
of criminal history, general live history, family background and living conditions/environments of
juveniles.

In Sri-Lanka, risk assessment is conducted to separate high risk inmates from low risk ones. To ensure
an effective treatment programme, offenders are categorised offenders according to the level of
criminal/delinquency level.

In Sri Lanka, mentoring and evaluation of risk assessment take place by submitting reports on released
offenders every six months. All the participants are feeling that sharing of information among the
respective countries is essential.

5.2.2 Development of effective treatment programmes in accordance with the risk and need
assessment

According to Kiuchi (2007: 1), the 2005 statistics show that the Juvenile training schools in Japan have
about 4, 878 new inmates. Among them, 1,951 (40%) committed theft, 565 (12%) committed assault,
452 (9.3%) committed robbery and the rest more serious crimes like murder, rape and drug abuse.

Kiuchi (2007: 4), states that the justice system has a classification system in accordance with the juvenile
sex, age, content of treatment, and degree of delinquent tendency. The training institutions have
programmes that focus on problem areas for ex-addicts, family discordance or anti-social relations.

Kiuchi (2007: 5) further states that during treatment, lectures and group/individual sessions take
place. During these sessions, juveniles with the same problem are treated simultaneously. It is very
effective, because the participants can share their ideas, opinions, and awareness of their problems
with each other. The juveniles tend to open when they participate in group discussions or role-playing
activities.

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 Treatment of Juvenile Offenders and their reintegration into society

All the participants visited the Tama Juvenile Training School for Boys from the different countries. The
progress on rehabilitation of juveniles is assessing by means of the “Button System” comparing with
colours of a traffic robot, and will be identified as follows:

• Red button (First stage)

During the admission stage, children are carrying a red button on their chest to indicate that he is on
the orientation stage (Lower class of the second grade). During this session, they receive counselling
and basic life skills orientation, physical training, dairy composition, supplementary lessons and
parents meetings. After assessment, he can be promoted to the next level.

• Orange button (Second stage)

On the second stage, children are carrying an orange button on their chest to indicate that he is on
intermediate stage. They will be assessed on the following progress, namely: By solving one’s own
problems and those of other inmates.

• Green button (Third stage)

On the third stage, children are carrying a green button on their chest to indicate that he is on the
advance stage. They will be assessed on the following progress, namely: Learning the ethics, knowledge
and skills for job and life planning after release

• White button (Last stage)

On the last (fourth) stage, children are carrying a white button on their chest to indicate that he is on
the pre-release stage. They will be assessed by means of self-evaluation of own life plan after release.
They also receive the following treatment programmes, namely:
• Social adjustment training class (role-playing, social skills training,
group discussion and lectures;
• Vocational training and outdoor training such as: family gardening,
environmental maintenance and laundry;
• Special activities (day leave, community service); and
• Parole coordination (parent meetings and correspondence with parents).
(Source: Pamphlet Tama Juvenile Training School)

Dr. Hoge from Canada explained the concepts of assessments design based on the Risk Need
Responsibly Principle, by introducing an Assessment Model, which is functional in Canada. Hoge
(2007: 11) says the difference between risk factors and need factors are as follows, namely: “Risk
factors refer to characteristics of the youth or his or her circumstances that place them at risk for antisocial
behaviours. Need factors refer to the subset of risk factors that can change through interventions and
reduce the chances of future antisocial behaviours”.

Hoge (2007: 14) said: “the purpose of assessment is to collect information about youth and his/her
circumstances, we want to evaluate the likelihood that the youth will continue to engage in some sort of
antisocial behaviour”.

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Treatment of Juvenile Offenders and their reintegration into society

During Dr. Hoge presentation, he refers to the following integrated programmes, namely:

• “A Different Street”. it is a programme designed for young men released from custody that
would normally be homeless and may become a high risk re-offending.

• “Boys Town USA, Staff-Secure Detention Programme for Female Offenders.” It is a somewhat
unusual programme since it is designed for high risk/need girls detained prior to trail. The
majority girls accepted for the programme, come from high-risk family environments, and
need academic, social, behavioural, and emotional treatment.

• “The Ottawa Police Service Diversion Programme” This programme is managed by the Boys
and Girls Club of Ottawa and Ottawa Police Services, to render a service on diversion of
youth committing relatively minor crimes.

• “The Sexual Abuse: Family Education and Treatment Programme”. This specialised
community-based programme is directed towards children and adolescents with sexual
behaviour problems, including those convicted of sexual offences.
(Sources: Hoge, 2007: 30, 31)

To ensure effective treatment of juveniles, we need to construct some theoretical framework such
as:

• Insight orientated therapies;

• Humanistic therapies;
• Behavioural treatment – behavioural modification;
• Cognitive behavioural strategies;
• Family and parenting interventions; and
• Medical and drug treatments.

In Hong Kong and Sri Lanka, special programmes for drug addicts are held in separate drug
rehabilitation institutions. Drug addicted inmates will also receive vocational training, family group
counselling, and after-release follow-up supervision.
A method, which is used in Sri Lanka, is named the “mirror room therapy”, it is used for expressing
views by offenders to tell life stories. In Hong Kong two training centres are established for different
age groups, namely: one is for young juveniles under the age of 17 and another is for young adults
under the age of 21.

In Japan, probationers with drug history were requested to have a follow-up medical check. During
this follow-up check, urine test on voluntary basis was adopted to motivate them to keep away from
drug relapse. According to Professor Sugano from Japan, statistical studies show that self-esteem
does not always ensure the effectiveness for the reducing of re-offending rates.

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 Treatment of Juvenile Offenders and their reintegration into society

During the work group discussion, it was identified by the group that the following types of resources
for treatment should be considered, namely:

• Human resources – expert, staff and training resources;

• Social resources – community support, private companies, volunteers;
• Hardware – equipment, computerisation; and
• Assessment tools (standardised format)

To ensure effective treatment of juveniles, the following programmes are recommended:

• Anger management programmes;

• Social skills training programmes;
• Re-lapse prevention programmes; and
• Family education programmes

In addition, publicity activities like TV programmes are important for promoting smooth reintegration
into society without stigmatisation.

5.2.3 Development of an effective treatment programme considering victims and/ or

restitution of the harm caused to the victims

In Japan juvenile training schools, the victims’ family members would be invited to give a speech to
the inmates on a regularly basis. During these convensation sessions, the inmates undergo sessions
on how to write the apology letters to the victims before real mediation. It was agreed by the group
that direct mediation should be done to help inmates deepen the remorse feelings towards victims.

It can be accepted that real family group conferences might be a good way for the juvenile offender to
think more about the feelings and damage of the victims as well as the consequences of committed
crimes. In Sri Lanka video programmes are conducted as training programmes to enhance the
awareness regarding victim’s loss and damages and the sense of remorse.

One of the treatment programmes in Tama Juvenile Training School for Boys in Japan is to sensitise
the boys on how to respect women’s bodies. In the one room, a video as part of rehabilitation and
education are shown to the young boys where a mother gives birth to a child. In the next room there
is a simulation room of babies for the boys to display growing up and care of the child.

5.2.4 Continuous collaboration and maintaining links with community based treatment
services and/ or related organisations for the effective treatment of juveniles and their
rehabilitation through care

From the group outcomes, it is clear that the non-government organisations (NGO’s) and related
government organisations could provide more resources and assistance for the rehabilitation of
young offenders.

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Treatment of Juvenile Offenders and their reintegration into society

In Hong Kong, private companies were more actively involved in rehabilitation services. The employers
are encouraged to give a juvenile offender a job after discharge. Volunteers were invited to provide
support and assistance for the offenders.

In Sri Lanka the Welfare Association in each prison are directly involved in the treatment after a
child has been discharged. In Korea and Myanmar, volunteers and religious groups are involved to
rehabilitate juvenile offenders.

In Sri Lanka, there is a “Cooperative Association” which provides jobs to the discharged juveniles.
These juveniles perform jobs such as carpentry and masonry training. The association also runs some
projects for these purposes.

It is also agreed that a monitoring system needs to be established where performance and functions
of volunteers and NGO’s ensure service of good quality. It is also important to assist the discharged
juvenile by making more “half-way” houses available for accommodation and after care purposes.

5.2.5 An aftercare system which helps maintain the effect of correctional treatment, reduces
the risk of re-offending and enhances the juvenile’s ability to reintegrate into the
community

After care supervision is provided in Japan and in Sri Lanka by probation officers, parole officers as
well as welfare officers. In Hong Kong, after care supervision is provided by the officers from the
rehabilitation unit, who provide close supervision and counselling to the supervisees and family
members to ensure that contact be made continuously.

It was agreed by the participants that to motivate juveniles during after care treatment, strict
regulation, monitoring and effective counselling need to be ensured. For social re-integration a pre-
release programme for young offenders need to be in place.

In Hong Kong a multi-modality approach is used to enhance effectiveness of the supervision

programmes. It implies that regular family group and individual counselling services are provided for
family members before discharging of juvenile offenders. It was raised by Prof. Sugano from Japan
that the US and Canada use the same idea of a Multi-Systematic Therapy Approach. In Hong Kong
supervising officers conduct surprise home/work place visits to discharged offenders, to ensure that
the after-care treatment programmes are effective. The Bhutan Police and regional community leaders
also provide some assistance for the discharged juveniles.

It was agreed by the participants that supervision should be conducted by the government authority
(probation officers, parole officers, welfare officers of prison or aftercare officers) and the volunteer
probation officer should play an assisting role. (Source: Group 2: Group Report of the Course.
27 June 2007)

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 Treatment of Juvenile Offenders and their reintegration into society

5.3 SUMMARY

Risk and need assessments are the most important aspects to take into consideration during
correctional treatment programmes. Family plays an important part for the rehabilitation process as
well as after care rehabilitation. After-care supervision for the re-integration into the community is
essential.

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Treatment of Juvenile Offenders and their reintegration into society

CHAPTER 6: EFFECTIVE COMMUNITY-BASED TREATMENT OF JUVENILE

OFFENDERS AND ENHANCEMENT OF THE JUVENILE’S ABILITY TO
REINTEGRATE INTO SOCIETY

6.1 INTRODUCTION

There is a need to look at effective measures in community-based treatment for juvenile offenders
and how a child will be reintegrated into society without any restrictions or stigmatising by members
of the community. The group was assigned to look at possible solutions and challenges on how to
enhance the juvenile’s ability to reintegrate into society.

6.2 THE CURRENT SITUATION AND PROBLEMS FACED BY ORGANISATIONS THAT TREAT
JUVENILES

In Honduras there is a problem of juveniles being members of gangs and their stigmatisation by
society. A change in culture, the educational system and a sense of values are needed. The visitor
expert from South Africa, Dr. Ann Skelton reacted to this statement. She said that in South Africa,
some NGO’s have an adversarial position towards the government while others do not, and actually
assist the government in providing services.

In Brazil, there is overcrowding of inmates in institutions, and the aftercare systems are not up to
standard, because of the high recidivism rate. Dr. Skelton makes it clear that South Africa community-
based treatment is less costly than institutional treatment, and it is easier to convince the government
to introduce it.

In Iraq, since civil organisations are not performing well, there is a problem of war orphans who
become offenders, because they have no one to take care of them.

According to Dr. Skelton, in South Africa, there is a good relationship between NGO’s and the
government for community-based treatment, but the only problem is that accessibility between the
rural and urban areas is not equal. She emphasised that NGO activities should be financed by the
government since they render a public service.

In Cameroon there is too much emphasis on institutional treatment and there are no policy guidelines
for community-based treatment. It seems that the probation officers do not have legal power to carry
out the aftercare, because they work on a voluntary basis.

In Tonga the NGO’s rely more on community-based treatment. The only problem is that all the NGO’s
are located in the mainland. In Japan statistics show that about 80% of juvenile offender cases are
dismissed after family court probation officers’ investigations and it is also recognised as a protective
measure. They are actually faced with the fact that cases have become increasingly difficult to handle
from the viewpoint of the juvenile and the victim.

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 Treatment of Juvenile Offenders and their reintegration into society

In Japan family and school problems have increased recently due to the revision of the educational
system, including the amendment of the Fundamental Law of Education. The problem may also be
caused by family court probation officers who are not being fully used in aftercare rehabilitation.

In Brazil, age and type of offence are being considered, but correctional measures are not enough to
take care of juvenile offenders and the educational level is very low.

The problem that occurs in Honduras, is that the government has not established any concrete
correctional measures, because the treatment measures are not adapted to the needs of the offenders
and proper training is also lacking. The same problem is facing Iraq, because the statistics show that
in the Middle East, a high percentage of the population (60%) are young people.

Dr. Skelton mentioned that in South Africa, training on diversion has been held by the government
for judges and prosecutors. Statistics also showed that the number of people in custody has been
decreasing through intersectoral collaboration and legal representation. It is also mentioned that the
government received funds from donors to convince them to continue funding NGO’s activities.

Prof. Sugiyama from Japan add that professional probation officers have three years training consisting
of lectures and on the job training, and another one month training after ten years to become senior
probation officers. For volunteer probation officers, there is also training available at least six times per
year. In Brazil, volunteers for several projects such as the midnight programmes come from the Public
Safety Secretariat, the police and the community.

6.2.1 Measures of assessing the individual characteristics, degree or risk and individual needs
and classification accordingly

During the group discussion the National Interim Protocol was referred to where the elements of
assessment in South Africa were discussed. This is divided by the age, type of offence, family background
and personal history. Dr. Skelton indicated that emphasis should be placed on the juvenile’s abilities
and interests for reintegration. In Brazil the same conditions apply. In Honduras, the family background
is a very important factor.

In Cameroon assessment by probation officers is based on the traditional elements of age. The medical
approach is used in age determination and type of offence to determine diversion.

In Tonga there are two types of assessment, namely: One for pre-trial diversion programmes and the
other for the court. During assessment, they make use of a score sheet assessment method. Marks
are allocated as follows; 0-9 marks represent low risk, 10-17 marks moderate risk, and 18-25 marks
represent a high-risk level juvenile. Drug abuse is a subtitle under the social circumstances. In Iraq,
political situation is an important element and in Japan the social and economic situation should be
considered.

According to Prof. Sugiyama, in Japan a psychological test is used by the Juvenile Classification Home
Officer. However, Prof. Higuchi said that psychological tests are not always effective, because they do
not guarantee that the juvenile will always speak the truth, therefore professional judgement is very

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Treatment of Juvenile Offenders and their reintegration into society

important. According to Dr. Hoge from Canada, it is important that assessment should be standardised
and that the probation officers and police officers should be well trained. He also mentioned that
there should be a clear distinction between juvenile and adults regarding assessments. There is
always room for professional judgements and flexibility, especially school teachers should be trained,
because there is dangers that they may overestimate risk of violence and do not always know how to
deal with basic risk/needs assessments.

In Tonga, assessment results are based on the choice of panel members from the community, and
in Japan assessment results are used to determine the appropriate disposition and elaboration of
appropriate treatment programmes.

6.2.2 Development of effective treatment programmes in accordance with risk and need
assessment

As concerns the characteristics of the juvenile, all the participants agreed that the juvenile abilities and
interests should be considered. It was also suggested that the skills and ability, as well as community
opinion be considered, since the community has to accept and admit the juvenile to favour his/her
reintegration to the community.

According to a participant from Japan, characteristics are based on the following classifications
elements: drug dependency, relationship with gangs, sex offenders, psychological disorder,
unemployed juveniles, level of education, school violence, domestic violence etc.

The participant from Tonga explained that the juvenile’s health; physical condition and changes in his/
her circumstances should be considered before he/she is moved from one community to another.

Most of the participants agree that there is insufficient or poor enforcement of treatment programmes
in their countries due to lack of finance and inadequately trained personnel.

6.2.3 Development of an effective treatment programme considering victims and/or

restitution of harm caused to victims

The group focussed on the victim’s feelings, expectations and needs; how, where and when offenders
and victims should relate; and who are the third parties involved.

During the presentation of Judge O’Driscoll from New Zealand, he referred to an article that appeared
in their newspaper where three teenager girls have compensated the victim for damage caused. The
following extract is made from “The Oamaru Mail” article namely “From baddies to goodies teenagers”.
An Oamaru pensioner’s car was stolen by three juvenile girls of the age of 15 years and afterwards
it was set on fire. The girls went trough Youth Court where they pleaded guilty to unlawful taking of
the car. As part of their sentences, the girls decided to do work in Mrs. Woodrow’s garden. Her car was
replaced after several members from the community donated money to help her out. The girls had
apologised to the old lady during a counselling session, and one of them had already paid reparations
for her part in the crime.

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 Treatment of Juvenile Offenders and their reintegration into society

Dr. Hoge from Canada refers to the personal feelings of the victim by anger and sorrow. He said that
all the victims might blame themselves, lose interest and isolate themselves from the society. It was
mentioned that in Brazil victims don’t want to talk, even after a simple offence. In Cameroon it is clear
that some victims may want justice to be done while other may not bother much about the offence.

Prof. Higuchi from Japan, states that victims want severe punishment for the offenders and they
expect the government to do it. According to Dr. Hoge from Canada, it is recommended that monetary
compensation or community work needs to be implemented for all countries. It was also mentioned
that face-to-face meeting between the offender and the victim could be useful, but it is very difficult
and needs to be managed carefully. In some cases victims do not want to see the offender.

In Brazil, the communities are shown a movie on how juveniles are serving the community through
voluntary work. Some victims become satisfied and less afraid after watching the movie. According to
Dr Hoge, although compensation is important, restorative justice has to continue after restitution.

In Iraq, the offender and victim meet in a tribe guesthouse, a countryside place called “Senate” or tribe
police affairs where meetings are organised in conformity with the desires of the victims. It is also
recommended that offenders could write letters to victims to apologize. Finally it was agreed that
third parties were necessary for the successful conduct of victim-offender meetings, but they needed
to be chosen carefully taking into account the desires of both victims and offenders.

In Japan, the Tama Rehabilitation Centre for Boys was visited where the system of compensation was
explained and illustrated. During the pre-release stage the juvenile undergo self-evaluation sessions
of his/her own life plan after release and own improvement. The juvenile also receives the following
skills, namely:
• Helping juveniles realise their own problems and sympathise with their friends through
direct communication with their parents, teachers via the probation officer.
• Providing juveniles guidance, which focuses on the reasons for their delinquency and the
consequences of their actions?
During parole coordination, parent meetings are arranged where the juvenile must correspond with
their parents/guardians through letters. (Source: Pamphlet Tama Juvenile Training School)
A Victim-Offender Dialogue Programme Management Center was established in Japan in June 2001
to practise restorative justice in Juvenile cases and was authorized in 2004 by Chiba Protectoral
Government. The Centre’s activities have three purposes; “victims recovery from damage”, “juvenile
rehabilitation” and “community safety”. (Source: Yamada, 2007: 1).

Yamada (2007: 2) refers to her experience during a juvenile trial. She made an example of a juvenile
facing a trial because he hit a stranger with a metal bat because he thought that the stranger gave him
a fierce look. During the trial the victim did not show any hate towards the juvenile. On the contrary,
he made a slight bow to the juvenile before sitting down in the witness seat. He calmly and politely
answered the judge’s questions. After finishing his testimony, the juvenile stood up and bent his
head low. Tears welled up in the juvenile’s eyes. The juvenile after listening to the victim’s testimony
realised that there had been a misunderstanding and that he had done an inexcusable act towards
the victim.

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Treatment of Juvenile Offenders and their reintegration into society

Yamada further stated by directly listening to the victim talking about the actual condition of the
damage, this will have a great impact on the juvenile offender and lead him/her to deep repentance
and a sense of apology. According to Yamada (2007: 6 & 7) Victim Offender Dialogue Programmes
take place in different stages, namely:

• First stage:

The participants talking about their “own experiences”. If the victim meets the offender
without a programme, the victim may experience aggression or to blame the offender,
saying “You did such a horrible thing to me”, while the offender will only apologize or let his
head drop.

On the other hand, if the victim follows the rule that “talk about one’s own experience”,
the victim will talk about the fact in such a form as “I suffered damages in this way and have
been feeling pain since then”, instead of “You did such-and-such”. (See example of case study
Annexure “B”: Attachment 2).

• Second stage

The victim asks questions, for example. “Why did you attack me” The question can be put
directly to the offender.

• Third stage

Discussion takes place to determine what can be done for the recovering of the damages
caused by the offender. The participants work out possible and flexible means for the
juvenile offender to compensate the victim.

• Fourth stage

During the fourth stage, an agreement through discussion needs to be reached.

The facilitator compiles the contents of the agreement into a document and reads it to the
participants for final confirmation.

Yamada (2007: 7 to 10) refers to the effectiveness of the dialogue programme by using three
scenarios, namely:

• Theft and bodily injury case: (annexure B: Attachment 1);

• Burglary case (annexure B: Attachment 2); and
• Uninhabited structure arson case: (annexure B: Attachment 3).

In the case explained in Attachment 1, the juvenile offender was able to face himself as an offender
by telling someone what he thought no one could understand. He also began to feel like pledging
rehabilitation, noticing that, in order to apologize to the victim sincerely, he needs to request the
victim to meet him.

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 Treatment of Juvenile Offenders and their reintegration into society

In the case explained in Attachment 2, where the victim does not want to have a dialogue or does not
have any spare time, the facilitator encourages the juvenile to write a letter of apology and deliver it to
the victim. Although indirectly, this is useful at least for the juvenile to have a sense of accomplishment,
such as “I have done what I can do for the victim now”.

In the case explained in Attachment 3. The Centre met two juveniles who were just released from
reform school. Each of them had caused death through bodily injury. One of the offenders visited
the victim’s home and offered sticks of incense before the memorial table of the victim soon after
being released from the school. The other juvenile sincerely reported details of the offence scene in
the Dialogue Program at the request of the victim’s mother, who had wanted to know her son’s last
moment.

Lastly Prof. Yamada refers to the interview with the juvenile during the bodily-injured case, and
rephrases his words: “I am sure to be wrong in that I injured the victim, I always played with him and,
while frisking, he sometimes kicked me. I hit him, because he did a cowardly act”. She mentioned
that if a juvenile does not understand his own problem deeply, the Dialogue Program will become
ineffective and may give secondary damage to the victim.

6.2.4 Continuous collaboration and maintaining links with institutional treatment

services and/ or related organisations for the effective treatment of juveniles and their
rehabilitation through care

Under this topic three issues will be discussed; namely:

• How to strengthen the relation between related treatment agencies to create an integrated
system;
• The efforts communities can start to take before they receive the juvenile; and
• The institutional change that can be introduced to enhance interagency cooperation.
• Relation between related treatment agencies to create an integrated system

Communication and exchange of information between treatment agencies and the communication
is crucial to ensure collaboration and cooperation.

In Japan a support team for aftercare treatment consists of the following: voluntary probation officers,
police officers, child welfare centre officers and school teachers. In Honduras officials and bodies
involved have access to only a part of the information.

Prof. Sugiyama from Japan shared the experience from her visit in Kenya where different agencies use
different format documents and it creates misunderstanding. The challenges are to use the same format
documents among all agencies to enhance cooperation and collaboration between them. In Kenya
the exchange of personnel between agencies was also seen as a means of enhancing collaboration.

• Efforts of communities before receiving the juvenile and community sensitising

In South Africa there are community forums and the National Institute for Crime Prevention and
Reintegration of Offenders (NICRO) officials, community members and other experts to prepare

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Treatment of Juvenile Offenders and their reintegration into society

the community to receive and accept the juvenile. The same approach is also applied in Brazil for
community awareness and cooperation for reintegration of the juvenile.

In Tonga police officials and probation workers have connections with people who are influential in
the community, and they can use them for sensitising within the community. Prof. Sugiyama stated
that the community needs to know what the juveniles want to do after release, and what kind of
training they have received by visiting the institution and exchanging letters with staff.

In Cameroon the community is involved in activities of vocational training and living guidance within
the institution. This will make the community ready to receive and accept the juvenile after he/she
has been released.

• Institutional changes to enhance interagency cooperation

In Cameroon the link between the institution and community can become difficult to establish, but it
is nonetheless desirable to continue treatment after the juvenile’s release. It is therefore necessary to
establish a formal public institution for aftercare.

In Japan there is a formal link between institutional treatment and community-based treatment, but
it is not the case in many other countries. In Japan they also have a parole board that decides whether
or not the juvenile would be paroled.

In Hong Kong the correctional institutions have a section in charge of aftercare activities such as job
search. In Tonga the probation officer is the link between institutional treatment and community-
based treatment.

In Cameroon a government agency is proposed which will coordinate several community resources
regarding the juvenile because a too complicated system makes responsibilities unclear and vague.

6.2.5 An aftercare system which helps maintain the effect of correctional treatment,
reduces the risk of re-offending and enhances the juvenile’s ability to reintegrate into the
community

The topic focused mainly on: how aftercare should maintain the effect of correctional treatment; how
it reduces the risk of re-offending; and how it enhances the juvenile’s ability to reintegrate into the
community.

• Aftercare should maintain the effect of correctional treatment

In Brazil to find jobs for juveniles is very difficult, and there is no aftercare treatment other than
institutional treatment. There are many cities so it is possible to work on continuous aftercare where
the community can collaborate with the police and schools to help the juveniles.

It was recommended by the participant from South Africa that impact studies be done in order to
determine the effectiveness of the treatment and the rate of re-offending.

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 Treatment of Juvenile Offenders and their reintegration into society

In Cameroon there is a big gap between community-based treatment and institutional treatment,
and it’s necessary to make efforts to reduce this gap, since treatment has to become a continuous
process.

In Iraq, the juvenile will be released, whether he/she has family members or not. The problem is that
the juvenile who is released may be taken care of by the probation officer for a few months, but
after this the juvenile who has no family will go back to the street. In this country the government
provides counselling to increase the self-esteem of juvenile and the community has to accept him/
her. The government also provides money to juveniles without jobs to get married and to start a small
business.

In Japan the government gives compensation or financial aid to companies that employ juveniles.
Halfway houses established by private persons are subsidised by the Government to the amount of
80% of their budget.

Japan also plans to establish national halfway houses for offenders who are difficult to deal with; this
may be a useful proposition for other countries as well.

• How aftercare can reduce the risk of re-offending

In South Africa, the South African Young Sex Offenders Project (SAYSOP) was established for the purpose
of developing innovative and effective interventions to treat and manage young sex offenders. The
aim of this project is also to prevent a pattern of deviant behaviour, and to decrease the possibility
that a young person will commit similar further offences, thereby contributing to safer communities
in South Africa.

In Honduras there is no aftercare system, coordination between NGO’s and the government is therefore
necessary such as having a meeting among the stakeholders. Police officers are normally tasked to
call the meetings.

In Japan risk and need assessment will be done before and after release. Not only family problems, but
relationships with supportive persons are important. Whether or not he/she has a job is important,
not only money counts, but also his/her contribution to the community is important.

The participants are of the opinion that the juvenile should also feel forgiven and not have a sense
of guilt anymore in order to consider him/herself accepted and admitted in the community. Another
concern is that the juvenile may be under bad peer influence, which may cause him/her to fall back
into bad habits. It was suggested that bad peer influence and changing the way the juvenile uses his/
her free time can reduce recidivism.

In Brazil there is a treatment programme where juveniles use their free time for healthy distractions
and hobbies such as the midnights programmes. In this regard it is also important to take the juvenile’s
interest into consideration, and not impose on him/her, which will not work.

According to Prof. Higuchi from Japan, the juvenile is relatively psychologically, mentally and even
physically weak. This makes him/her wants to belong to a group and he/she tends to come back to

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Treatment of Juvenile Offenders and their reintegration into society

the bad peer group again after release. In Brazil, juveniles always talk about groups and they say the
group is waiting for them. Therefore it is advisable to provide them with another group that will have
a positive influence.

• Aftercare to enhance the juvenile’s ability to reintegrate into the community

Prof. Sugiyama said the juvenile’s parents always need continuous support because they tend to hide
the juvenile’s case. She further stated that the parents are also afraid to ask for help, because they
are always criticised by members from the community. In Japan each prefectural police office has a
support centre where the juvenile’s parents can obtain free consultations.

In Iraq the volunteer system is very important, because it has a direct influence on the community.
There is a child adoption system which works very well. (Source: Group 3: Group Report of the Course.
27 June 2007)

6.3 SUMMARY

Community-based treatment measures must be in line with the needs of offenders, and the
government must set guidelines/regulations for guidance.

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 Treatment of Juvenile Offenders and their reintegration into society

CHAPTER 7: CHALLENGES

7.1 INTRODUCTION

The aim of Chapter seven is to make certain comments on inputs from the participants from the
various countries. The ideal is to focus on the recommendations from the participants with regard to
the treatment of juvenile offenders and the reintegration into community. The reporter also wants
to make recommendations on how to implement a system in South Africa that compares favourable
with those in other countries.

7.2 COMMENTS

Skelton (2007: np) referred to the death of a juvenile offender when he was detained in police cells
with other offenders under the age of 21. She mentioned that at that state 8 non-governmental
organisations (NGO’s) had been raising the issue of children in the criminal justice system. Dr. Skelton
referred to the Law Reform in 1997 and mentioned that Cabinet approved the Child Justice Bill in
November 2001 for introduction into Parliament in August 2002. She mentioned that the Child
Justice Bill’s aim is to establish a criminal justice process for children accused of committing offences
that protects the right of children as entrenched in the Constitution. She said the Bill focused on the
promotion of Ubuntu in the child justice system through the fostering of children’s sense of dignity
and worth, and reinforcing their respect for the human rights of others.

Furthermore Dr. Skelton stressed the importance of restorative justice, assessment and diversion
concepts such as accountability and reconciliation and the involvement of families and communities.
During her presentation she raised the importance of probation officers as role-players in an integrated
criminal justice system in South Africa. There is still a shortage of sufficient probation officers in rural
areas.

Skelton (2007: np) also referred to the promises made by President Nelson Mandela during his first
address to Parliament that the issue of children will be dealt with, and that in future, the criminal justice
system would be a last resort when dealing with juvenile offenders. The Government in South Africa
also made provision for the protection of children’s rights (Convention on the Rights of the Child).
Dr. Skelton refers to one of the earliest cases to come before the newly constituted Constitutional
Court, S v Williams 1995 (3) SA 632 (CC), which dealt with the sentence of corporal punishment. The
court struck down corporal punishment on the grounds that it was cruel, inhuman and degrading
treatment.

The Family Court in Japan, the Criminal Child Court in South Africa as proposed in the Child Justice Bill,
as well as the Model of Barangay Court in the Philippines are considered as good models.
(Source: Group 1: Report 2007: 8)

It can be accepted that South Africa has an excellent justice system regarding children in conflict with
the law. The problem is actually that the system is not always implemented properly.

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Treatment of Juvenile Offenders and their reintegration into society

The Inter-Sectoral Committee on Child Justice appointed a Task Team for Children in Conflict with the
Law to do research on the treatment of detained children.

7.3 RECOMMENDATIONS

The reporter will make recommendations for implementation in South Africa to deal with the
challenges in the treatment of juvenile offenders. A Task Team on Facilities compiled a Parliamentary
Oversight Progress Report for Children in Conflict with the Law, and the reporter will also extract
certain challenges from this document. Recommendations were also extracted from the Group Report
from participants during the training programme in Japan.

7.3.1 The current situation and problems faced by each jurisdiction throughout legal
proceedings for juveniles, and the effective counter measures in place.

The formulation and improvement of a fundamental framework on arrest, detention, prosecution

and trial of juvenile offenders needs to be addressed.

It still happens that, contrary to instructions, some children who are arrested are detained in police
cells with adult offenders, which causes abuse committed towards children. During the research done
by the task team it was recommended that cases for children awaiting trial need to be prioritised.
More places of safety and secure care facilities need to be established.

Research also showed that a process should be put in place to deal with the number of children
awaiting trial, with bail amounts which they cannot afford to pay.

According to the Report from the Task Team, the causes of backlogs within the Criminal Justice System
and causes of awaiting trials need to be looked at. An extreme example of hardship suffered by a
juvenile appears from the unreported judgement of Hartzenberg, J on 2008-12-10 in S v Malatjie, Case
no SH 332/06 in the Transvaal Provincial Division. The accused, a sixteen year old male was convicted
of housebreaking with intent to steal and commit theft. The court ordered that he be committed to a
reform school. He was detained in custody pending the determination of the reform school to which
he was to be committed. Fifteen months later, he was still in custody and the relevant reform school
had not yet been determined. On review, the sentence was set aside and substituted with a sentence
of caution and discharge.

It is also recommended that separate remand facilities be established apart from correctional centres,
for the detention of remand detainees.

Alternative sentences for juveniles who committed petty cases should be considered to ensure that
they are not sent to the already overcrowded prisons. A Legal Aid Board Official should conduct
regular visits and submit reports to the Portfolio Committees.

It is also recommended that a policy and strategy be agreed upon between the Directors-General
of Justice and Constitutional Development, Social Development, Education and Commissioners of

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 Treatment of Juvenile Offenders and their reintegration into society

the SAPS and Correctional Services. Theses policies and strategies will inform the relevant Minister
regarding the establishment of more Secure Care Facilities at courts and One Stop Child Justice
Centres.

During court hearings, the policy should be applied to ensure effective case-flow of children being
arrested, charged and for children awaiting trial. (Source Parliamentary Oversight: Progress Report
January 2009)

During group discussions, it was recommended that during arrest, detention, prosecution and trial,
the United Nations Standards, Norms and Guidelines should be taken into consideration.

Magistrates must have relevant information to enable them to make appropriate decisions. It is also
recommended that a system be put in place that could keep statistics on juvenile offenders.

The majority of the group also recommended that a specialist in psychology, sociology and/or education
(probation officers, family court probation officers etc) should be involved in the trial process. The use
of voluntary citizens (volunteer probation officer, volunteer social worker etc) as community support
programme in dealing with juvenile offenders should be encouraged.

Restorative justice must be encouraged where the victim meets the juvenile offender and gets to
understand why the latter committed the offence and, for possible compensation to be agreed upon.
(Source: Group 1: Report 2007: 9).

7.3.2 Effective measures for the treatment of juvenile offenders by various institutions.

According to the Parliamentary Oversight Document, the Department of Justice and Constitutional
Development should ensure that there is sufficient education, sport and development programmes
for juvenile offenders, both sentenced and awaiting trial.

The reporter makes the following recommendations based on the work group feedback from Japan,
on the following challenges:

Different aspects and characteristics of juveniles should be taken into consideration for risk and need
assessment, for that purpose the Assessment Model of Dr. Huge as discussed in Chapter 6 should be
recommended.

Treatment programmes should be updated regularly by inviting experts and related parties’ opinions.
In the Parliamentary Oversight Document, the challenges are clearly stated. The Child Justice Training
Reference group must develop training manuals. The establishment and management of One Stop
Child Justice Centres and Child and Youth Care facilities are a priority. It was recommended in the
document that all Departments need to agree upon the training strategy to train all officials working
with children in conflict with the law, as part of the National Policy Framework for the Child Justice
Bill.

Scientific measurements should be used for assessing the effectiveness of treatment programmes,

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Treatment of Juvenile Offenders and their reintegration into society

such as rate of recidivism and change of behaviour. It was also recommended that updated research
and statistics should be kept constantly. It is recommended to bring in a multi-modality approach
similar to the approach which is implemented in Hong Kong Correctional Services.

According to Dr. Skelton, there is still a shortage of sufficient probation officers, especially in rural
areas. As far as restorative justice is concerned, the Family Group Conference (FGC) Model used in
New Zealand and the Family Court Model used in Japan are good systems that could also be utilised
in South Africa.

It is recommended to focus on pre-discharge training programmes to prepare the juvenile to be

reintegrated into the society. For this purpose, parole board/probation officers should be involved.
The process in Japan where the juvenile offender undergoes a pre-release session, where the juvenile
must draw up his/her own life plan after release, can also being seen as a good system to be used in
South Africa.

In South Africa, unemployment poses a problem for juveniles released, because they could be falling
back into bad habits. Therefore, the Government needs to seek more co-operation and assistance
from private companies as well as the community through publicity. The Hong Kong correctional
institutions have a section in charge of aftercare activities as well as job searches. In Japan and Iraq,
the governments provide money to support the juveniles who seek jobs.

Family plays an important part for the rehabilitation process, more effort should be made to built
trustful relations with the family members of the juveniles and start the intervention and
communication upon their admission to the institution. They should also keep close contact with the
juveniles during the parole or supervision period. The process used in Canada, Japan, Sri-Lanka and
Hong-Kong are good examples (see discussions in Chapter 5).

After-care supervision with control and care elements are significant for the re-integration of juveniles.
For this purpose juveniles’ needs should be assessed before release. An example is that in Hong Kong,
where supervising officers conduct surprise home/workplace visits to discharged offenders to ensure
that the treatment programmes are effective.

Lastly from the view of the participants during group discussions, it is important to enhance training
and education for staff on the rationale and mission of rehabilitation of juveniles. Some culture
change and motivation programmes could be good ways to enhance the team spirit and cooperation
amongst staff members. (Source: Group 2: Report 2007).

7.3.3 Effective measures for community-based treatment of juvenile offenders.

Community-based treatment measures must be in line with the needs of a juvenile offender. It is
recommended that governmental institutions, before allowing implementation by NGO’s and other
community organisations, must establish a screening programme. During Dr. Skelton’s presentation,
she referred to juvenile’s ability and interest for reintegration.

44
 Treatment of Juvenile Offenders and their reintegration into society

South Africa can also use the Assessment Model, which is implemented in Tonga, where they use a
score sheet assessment method to judge a juvenile offender as a high risk or low risk offender. For this
purpose, a treatment programme for the type of risk and need assessment should be developed by
specialists and role players, in cooperation with the Department of Social Development, Department
of Correctional Service, Department of Justice and the South African Police Service (SAPS).

During the workgroup discussions, the feeling was that human rights need to be protected and more
financial support needs to be brought in during the treatment programmes.

Communication and exchange of the information and the community resources between treatment
agencies and the community are crucial in increasing collaboration and cooperation between
them, taking into consideration juveniles’ right of privacy, and should be done in the juveniles’ best
interests.

The use of community resources such as religious leaders, community leaders and the police community
forums should be highly considered for community-based treatment. Treatment programmes in the
community must ensure that juveniles are provided with healthy distractions and hobbies in which
they are interested to reduce bad peer influence and recidivism. (Source: Group 3: Report 2007).

In the Parliamentary Oversight Document of 2009, the challenges are clearly stated that additional
human resources, such as Magistrates, Prosecutors, Clerks of the Court, Recording Clerks and
Interpreters, will need to be planned and additional funds be secured for each One Stop Child Justice
Centre. Furthermore, it was also identified that SAPS need additional personnel and orderlies for each
centre.

In this Document it was also suggested that the Legal Aid Board and the Department of Correctional
Services would need to plan for attorneys and personnel relating to correctional supervision.
(Source: Parliamentary Oversight: Progress Report January 2009)

7.3.4 Effective measures to promote the reintegration of juveniles into the community.

The community in South Africa are from different cultures and religions. During the group discussion,
it was recommended to look at the juveniles’ parents, because they will always need continuous
support. The community has a tendency to criticise the juveniles and their family and by rejecting
them.

To promote reintegration for the juvenile offender, the third parties are necessary for successfully
conducting victim-offender meetings, but they need to be chosen carefully, taking into account the
desire and situation of both victims and offenders.

More aftercare residences (halfway houses, etc.) should be established for the continuity of the juvenile’s
effective treatment within the community. Aftercare agencies should cooperate and collaborate with
all institutional organisations. (Source: Group 3: Report 2007).

45
Treatment of Juvenile Offenders and their reintegration into society

7.4 CLOSURE

In the Document: Ministry of Justice: (2007: 1) it is stated: “It is also essential for the maintenance of
peace and order in society that when someone causes an injury or steals property, that that person
is appropriately punished”. In Iran an eight year old child was caught stealing a bread. Having his arm
crushed by a car, which would effectively leave him handicapped forever, will punish him. Is this a
religion of peace and love? No religion can ever justify such hideous crimes.
(Source: www.metacafe.com)

Youth are the leaders of tomorrow and need to be guided in order to behave accordingly. This cannot
only be the responsibility of parents, but all of us, including the international community. The
principle of “UBUNTU” must be upheld. “UBUNTU” means the inner person. If we all join our hands,
we will succeed.

46
 Treatment of Juvenile Offenders and their reintegration into society

REFERENCES

Al-Taher, A, 2007. Country Report (Crime Prevention). Republic of Iraq, Ministry of Interior, Deputy
Minister.

Asaah Ngu Ndama, H, 2007. Crime prevention: The Treatment of Offenders. Cameroon.

Caracell, B, 2007. Analyze the Statistical Information in regard to Adult and Juvenile Offenders. Public
Security Secretariat Federal District – Brasilia/Brazil.

Cesar, A, 2007. Treatment of Juvenile Offenders. Republic of Honduras, Secretary of Security. 2007.

Cheung, K, 2007. Effective Measure for the Treatment of Juvenile Offender and their Reintegration into
Society. Hong Kong Correctional Service Department (HKCSD).

Chu Thanh Quang, LLM, 2007. Handling Juvenile Offenders under Criminal Law in Vietnam. Legal Specialist
of the Supreme People’ Court of Vietnam.

Document: Ministry of Justice. Tokyo, Japan. 2007.

Group 1: Group Report of the Course, June 2007. Ensuring due process of the juvenile justice system and
the appropriate adjudication/ disposition of juveniles’.

Group 2: Group Report of the Course, June 2007. Effective institutional treatment of juvenile offenders
for their successful reintegration into society.

Group 3: Group Report of the Course, June 2007. Effective measures in the community-based treatment
of the juvenile offenders and enhancement of the juvenile ability to reintegrate into society.

Hoge. R (Dr), 2007. Department of Psychology Carleton University, Ottawa, Ontario, Canada.
Advances in the Assessment and Treatment of Juvenile Offenders.

Justice System Reform of Japan, 2007. For a faster, friendlier, and more reliable Justice System.

Karma Sonam, 2007. Crime prevention: The Treatment of Offenders. Royal Bhutan Police.

Kiuchi. M, 2007. The Management and Treatment Measures in Japanese Juvenile Training Schools.

Kuli, L, 2007. Presentation Paper on “Crime Prevention (The Treatment of Offenders)”. Probation and Youth
Justice Division, Tonga.

Kyaw, M, 2007. Effective Measure for the Treatment of Juvenile Offender and their Reintegration into
Society. Prisons Department: Ministry of Home Affairs, Union of Myanmar.

Makwakwa, J, 2007. Crime Prevention (Treatment of Juvenile Offenders) in Zimbabwe. Principle Law

47
Treatment of Juvenile Offenders and their reintegration into society

Officer, Office of the Attorney General.

Ministry of Justice, Japan Federation of Bar Associations, 2007. Start of the Saiban-in System. Supreme
Court of Japan,

Ministry of Justice. Published in 2007: Public Information Office Tokyo.

O’ Driscoll, S, 2007. Youth Justice in New Zealand: A Restorative Approach to Reduce Youth Offending.

Oshino, J, 2007. The Criminal Justice System in Japan: An overview of the Juvenile Justice Procedures in
Japan. 136th International Training Course.

Otani, P, 2007. Efforts of the Special Treatment Unit. Second Treatment Department, Tokyo Probation
Office.

Pamphlet, June 2007. Tama Juvenile Training School.

Park, H, 2007. Treatment of Offenders. Correction Bureau, Ministry of Justice, Republic of Korea.

Parliamentary Oversight: Progress Report, January 2009

Parodi, W, 2007. The Treatment of Offenders. Country Report, Panama.

Senot, A, 2007. Juvenile Justice System in the Philippines. Police Superintendent, DSC (MPA), Philippine
National Police (PNP), Participant.

Skelton, A, 2007. Reforming the Juvenile Justice System in South Africa. Policy and Law Reform and
Parallel Development.

S v Malatjie (unreported judgement) on 2008-12-10, in Case no SH 332/06, Transvaal Provincial

Division.

UNAFEI, Newsletter. No 123. June 2007.

Upuldeniya, H, 2007. Effective Measure for the Treatment of Juvenile Offender and their Reintegration
into Society. Assistant Superintendent of Prison Department of Prisons, Sri-Lanka.

Waidyaratne, K, 2007. Effective Measure for the Treatment of Juvenile Offender and their Reintegration
into Society. Deputy Solicitor Generals: Department, Sri-Lanka.

Website: www.metacafe.com Dated 12/04/2008

Yamada, Y, 2007. Victim Offender Dialogue Programme. Management Centre (incorporated non-profit
organization).

48
 Treatment of Juvenile Offenders and their reintegration into society

ANNEXURE “A”

THE CONTENT OF THE WORK IN THE EXPRESSING FEELING BOOK

The content of each work are as follows:

• Work A: “Face up to your anger”

• Work B: “Keep good company with anger”
• Work C: “How can you communicate feelings of anger?”
• Work D: “Communicate your feelings”
• Work E: “Face up your attitude”

49
Treatment of Juvenile Offenders and their reintegration into society

EXPRESSING FEELING BOOK

Work A: “Face up to your anger

• (1) The juvenile recalls a scene where they felt anger and clarifies
the “situation,” “thoughts,” “physical condition,” “behaviour,” and
“result.”

• (2) The juvenile thinks about the “feelings they wanted to

communicate” which caused the anger.

• (3) The juvenile looks back on the other party’s response and
thinks whether they could appropriately communicate the feelings
they wanted to communicate.

• Work A: “Face up your anger”

• (4) The juvenile considers in what situations they easily feel anger.

Work A: “face up to your anger.”

Step 1

Recall instances in which you became irritated or angry

and fill in the spaces

I become irritated or angry when:

_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________

Feelings and Physical signs

thoughts in (heartbeat, sweat,
your mind clenched fist, etc)

What was the

How did you act? result?

50
 Treatment of Juvenile Offenders and their reintegration into society

EXPRESSING FEELING BOOK

Step 2

Regarding the event you recalled in Step 1, consider what

feelings you wanted to communicate to the other party

• At that time, what did you want the other party to do?
I wanted the other party to
________________________________________________________
_______________________________________________
_______________________________________________
_______________________________________________

……………………………..

• What did you want to communicate to the other party?

________________________________________________________
_______________________________________________
_______________________________________________
_______________________________________________

What feeling is your anger associated with?

Step 3

Regarding the “feelings you wanted to communicate to the other

party” recalled in Step 2, consider whether it was communicated to
the other party.

• At that time, how do you act?

________________________________________________________
_______________________________________________
_______________________________________________

• How did the other party respond?

________________________________________________________
_______________________________________________
_______________________________________________

• What was the result?

________________________________________________________
_______________________________________________
_______________________________________________

51
Treatment of Juvenile Offenders and their reintegration into society

EXPRESSING FEELING BOOK

Work B: “Keep good company with anger.”

• (1) The juvenile learns how to notice signs of anger and calms
themselves before releasing their anger impulsively.

• (2) The juvenile changes their way of understanding and thinking

about things to learn how to control their feelings.

Step 1

There are various methods for calming yourself. Try

the following methods:

1. Leave the place

Leave the place before you fly into a rage. This is not an escape.
The purpose is to calm oneself. Leave the place by finding
something to do, such as going to the restroom, making a cup of
tea, or buying a canned coffee.

2. Refresh yourself

o Deep breathing

(1) Adopt a comfortable posture.

(2) Concentrate your consciousness on breathing.
(3) Repeat “calm yourself” in your mind when breathing out.

o Method to stop thinking

(1) If your mind is full of anger, repeat, “Stop” in your mind. It is

more effective to repeat it aloud.
(3) After that, recall something pleasant for you.

3. Consult with a third party

If your anger or disgust does not subside, it is important to

consult with someone reliable (family member, friend, volunteer
probation officer, etc). Do not accumulate unpleasant feelings in
your mind.

52
 Treatment of Juvenile Offenders and their reintegration into society

EXPRESSING FEELING BOOK

Step 2

So as to not accumulate stress caused by anger, it is

useful to change your pattern of thinking.

Everyone experiences times where things do not go as

planned or where they feel ashamed of failure. In such
instances, whether the result is good or bad depends on
how you thing.

In a situation like this how do

you think?
Scene 1

You are working as a part-time worker. Your superior has

warned you that your attitude to the customers is poor.

If you think as follows, how do you feel? In that case, how do

you think?

(1) My superior always scolds no one but me. This is

because they hate me.
(2) My attitude might have been wrong. I should be careful.
(3) My superior never understands me. I will ignore them.

Advice from the volunteer probation officer

_______________________________________________
_______________________________________________
_______________________________________________

53
Treatment of Juvenile Offenders and their reintegration into society

EXPRESSING FEELING BOOK

Work C: “How can you communicate feelings of anger?”

• The juvenile considers how to express feelings of anger. The

juvenile does a role-playing game where they express feelings of
anger through their face, attitude, words, and so on in order to
understand how the other party feels in response to their
expression.

• (The content is elementary for the benefit of juveniles who lack

sympathy.)

Work C: “How can you communicate feelings of anger?”

Work C: “how can you communicate feelings of anger?”

Consider how to communicate your feelings to the

other party when you become angry.

A bear is walking with

a cup of coffee in his
hand. Behind the
bear a rabbit is
kicking a ball.

The ball hits the bear

in the head, resulting
in the bear-dropping
cup.

Although the coffee

spilled and made the
bear’s clothes dirty,
the rabbit passed the
bear without noticing
it.

54
 Treatment of Juvenile Offenders and their reintegration into society

EXPRESSING FEELING BOOK

• Bear’s feelings

My clothes have Ouch!

become dirty

My coffee has
spilled

• Which is the best method for the bear to communicate his feelings?

(1) The bear expresses his feelings with an angry face.

* Rabbit’s feelings

Why does the

bear have an
angry face. He
may be in a bad
mood

!!!!!!!!!!!!!!!!!!!!!!!!!! !

(2) The bear expresses his feelings with an angry attitude

The bear
pushed me. He
treated me
badly. I’m
annoyed!

(3) The bear expresses his feelings with words The bear
pushed me.
I’m sorry. I He treated me
It hurt when your ball hit will be badly. I’m
me. Moreover, coffee careful annoyed!
spilled and made my
clothes dirty. You should
be careful from now on
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

55
Treatment of Juvenile Offenders and their reintegration into society

EXPRESSING FEELING BOOK

Do a role playing game with your voluntary

probation officer to find which is the best means
of expressing your feelings; face, attitude, or
words.

So as not accumulate stress caused by anger, it is useful

to change
Let’s try your pattern of thinking.

Although you had promised to meet your voluntary probation

officer, you were delayed in finishing your work, could not phone
him/her on your way to their home, and arrived at their home
one hour late. You faced him/her thinking “I’m sorry”.

• Feelings the officer wants to communicate to you.

Because there was no call from

you for one hour, I was worried
that something had happened to
you. I want you to call me if you
expect to be late. I didn’t know
how to react when I was waiting
for you because I could not go
out or do anything else

!!!!!!!!

(Method)
• Speak to the volunteer probation officer as
always.
• The volunteer probation officer communicates
their feelings by each means.
•

56
 Treatment of Juvenile Offenders and their reintegration into society

EXPRESSING FEELING BOOK

Work D: “Communicate your feelings.”

• The juvenile learns methods for communicating anger, hurt, and

other unpleasant feelings to the other party more effectively
through “I-Messages” without making the other party feel
unpleasant.

“I-Messages”

When the juvenile communicates their feelings to the other party, if the
subject is the other party (“you”), their message is likely to be received
by the other party as an expression of blame. Therefore, when the
juvenile communicates their feelings to the other party, it is proper to
use “I” as the subject.

Step 1

Try to use “I-Messages”.

Compare two ways of speaking

(1) Way of speaking that begins with “you”

You quickly forget promises!

You are really irresponsible!

(2) Way of speaking that uses “I-messages and begins with “I”.

I had been expecting it for a long

time. I hope you will not forget
from now on.

What differences are there between the two ways of speaking?

__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________

57
Treatment of Juvenile Offenders and their reintegration into society

EXPRESSING FEELING BOOK

If you begin speaking with “you”, such as:

! “Why do you always forget promises right away?”

! “You are so forgetful!”
! “You always forget promises so quickly?”

There are expressions that make the other party

feel they are being blamed one-sidedly and
cause them hurt.
As a result:

It is unjust of
I do not always forget you to say so
promises. It is unjust of
you to say so

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

The other party will get angry at your way of speaking and
become unable to reflect on what they said or to apologise
to you.

Therefore,

Try to use “I-messages”

!!!!!!!!!!!!!!!!!!!!!!!!!!!!

• What are “I-messages”?

An “I-Message” is it way of speaking that begins with “I”

when you communicate your feelings to the other party.

58
 Treatment of Juvenile Offenders and their reintegration into society

EXPRESSING FEELING BOOK

• Way of speaking through the use of “I-Messages”

“think in “I want you

“I” this way” to do this”

Your feeling What you want

the other party to do

Example

x “You always forget promises”.

o “I had been looking forward to it. I want you to not forget
promises”.

x It is awful of you to be late

o I had been looking forward to it for a ling time. I want you to not
be late from now on”.

x “It is unjust of you to say so”.

o I was hurt by what you said I want you to not say it in that way.”

In this way.
You should convey your feelings instead of blaming the other
party.

Together with the voluntary probation officer, practice

communicating your unpleasant feelings to the other
party with this method.

59
Treatment of Juvenile Offenders and their reintegration into society

EXPRESSING FEELING BOOK

Work E: “Face up to your attitude.”

• The juvenile tries to understand objectively how they feel about

people around them and what attitude they take towards them.

Work E: Face up to your attitude”.

Step 1

What feelings do you have about the people

around you? Compare your feelings to a
thermometer.

• Thermometer feelings

0°C Cool as ice. You feel as if you were frozen stiff.

5-15°C Like in winter. You feel somewhat tense and chilly.

-40°C Like in a bath. You feel relaxed when together with

the person.

-60°C A slightly warm drink. The maximum temperature you

can put up with.

-80°C Very hot drink on the verge of boiling. If you drink it,
you will burn your throat.

-100°C Boiling water. You feel as if you were boiling briskly.

Write how you feel.

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !

60
 Treatment of Juvenile Offenders and their reintegration into society

EXPRESSING FEELING BOOK

Other 0°C 5-15°C -40°C -60°C -80°C -100°C

party

Ex)
Life
guidance
Officer
Family members
School/workplace

Friend

Friend

61
Treatment of Juvenile Offenders and their reintegration into society

EXPRESSING FEELING BOOK

Step 2

What attitude do you adopt toward the people around you?

Apply the following types to your attitude and complete the
table in the next page:

Type Although you assert

A yourself, you can listen to
what the other party says
and find a solution on which
Cooperative/ both can agree
feeling safe

Type You are under the other

B party’s thumb without
asserting yourself. Because
Under the repressed feelings are
other accumulated in your mind,
party’s your stress is building up.
thumb

Type You frequently change your

C attitude, depending on the
other party’s attitude or the
situation. Although there
Letting seems to be no trouble,
things take there is a lack of confidential
their course relationships.

Type
D You put the other party
under your thumb by
violence or argument
Defeating by
force

Type
E You do not state your
opinions or give cooperation.
You withdraw into your own
!"#! shell.
$%&#'&()(%*

62
 Treatment of Juvenile Offenders and their reintegration into society

EXPRESSING FEELING BOOK

Other
party

E No
A Cooperative B Under the C Letting D Defeating involvement
feeling safe other things take by force
party’s there
thumb course

Ex. Father
Family members
School/workplace

Friend

Friend

63
Treatment of Juvenile Offenders and their reintegration into society

ANNEXURE “B”

VICTIM-OFFENDER DIALOGUE PROGRAMME : SCENARIOS

1. Theft and bodily injury case: (Annexure “B”: Attachment 1);

2. Burglary case (Annexure “B”: Attachment 2); and
3. Uninhabited structure arson case: (Annexure “B”: Attachment 3)

64
 Treatment of Juvenile Offenders and their reintegration into society

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Treatment of Juvenile Offenders and their reintegration into society

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 Treatment of Juvenile Offenders and their reintegration into society

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Before eight at night, the juvenile offender and his friend intruded into a locked house by breaking a
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Treatment of Juvenile Offenders and their reintegration into society

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Because it was difficult to contact the wife directly, we requested the husband to tell her at a suitable
time about the Dialogue Program.

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 Treatment of Juvenile Offenders and their reintegration into society

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Treatment of Juvenile Offenders and their reintegration into society
Treatment of Juvenile Offenders and their reintegration into society
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