The Executive Council has given its approval to what is referred to as “a Diversion Strategy” aimed at dealing with young offenders in the criminal justice system.
According to the minutes of the Executive Council’s meeting, of August 19, 2021, the objectives of the Diversion Strategy are as follows:
• To reduce the number of children who are exposed to the formal criminal justice system and its potentially harmful implications;
• To bring alternative approaches to holding children accountable for the offences they commit, while directing them towards community-based rehabilitative interventions;
• To bring together the policies, protocols and general guidelines that should apply to diversion in one accessible document; and
• To facilitate a more systematic and consistent approach to diversion implementation.
The National Diversion Strategy for Anguilla is intended to pave the way for a more structured and considered approach to the way the diversion is administered. It is designed to offer meaningful guidance to all of the stakeholders working within the juvenile system – including probation officers, social workers, police and judicial officers. Further, it is designed to be a user-friendly document that embodies proposed frameworks for diversion, importation forms, and other relevant tools, considered necessary to support the effective implementation of diversion.
The Executive Council noted that steps have been taken to address any potential misuse of the diversion strategy. The Council took note that two legal practitioners have responded to the request to tender for services. The Department of Probation will conduct training with the selected lawyers, being mindful that an adversarial environment is not desirable in the context of diversion.
The Executive Council’s minutes continued: “Council noted that the diversion strategy is progressive and necessary, however, the resources required to implement it should not be underestimated. The skills and responsibilities may not fall squarely within existing job roles and responsibilities. A resourcing plan is required and there has to be proper management of expectations and what can reasonably be achieved.
“Further training is likely to be required and children will need to be provided with wrap around care, which also addresses their general wellbeing any any mental health requirements. Cross-agency and departmental coordination and resourcing commitment to the process is necessary. All relevant agents across the criminal justice system, health and education will need to be involved in developing the requirements for the practical implementation of the strategy.”
The minutes added that the Ministry of Social Development will share further supporting documentation, and that the Executive Council approved the National Diversion Strategy.
