Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 248: To ask the Minister for Justice, Equality and Law Reform the reason there was no follow up to a complaint made to gardaí in Killarney, County Kerry by a person (details supplied) in Dublin 17. [32301/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that the person referred to by the Deputy made a complaint to gardaí alleging that she was assaulted in Killarney, County Kerry on 14 June 2004. I am further informed that the complaint was investigated by gardaí and the alleged offender was dealt with under the Garda juvenile diversion programme as he was 17 years of age at the time of the alleged assault. The complainant was advised that the accused was dealt with under this programme.

I understand from the Garda authorities that the policy of the Garda Síochána when dealing with juveniles who offend is to consider the offender for inclusion in the Garda juvenile diversion programme, which provides that, in certain circumstances, a juvenile under 18 years of age who freely accepts responsibility for a criminal incident may be cautioned as an alternative to prosecution. The Children Act 2001 placed this programme on a statutory footing and the relevant sections of the Act were commenced in May 2002.

The programme has proven to be highly successful in diverting young people away from crime by offering guidance and support to juveniles and their families. In more serious cases, juveniles are placed under the supervision of Garda juvenile liaison officers, who are specially trained members of the Garda Síochána responsible for administering the programme at a local level.