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JUSTICE for MINORSJUSTICE for MINORS

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SUMMARY1) COURTS FOR YOUNG PEOPLE

• The Juvenile Court Judge• The Juvenile Court• The Youth Assize Court

2) THE COURT’S YOUTH PROTECTION SERVICES (PJJ)

• The assisted public• Its missions – carrying out court orders• Its organization• Its partners• Some figures – DIRPJJ South West

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The founding textsThe founding texts :

•Made all the professionals in the sector specialists•Created specific facilities•Widened the judge’s area of competence for protecting young people and guaranteed the right to education

At the same time they led to another duality overlapping the first :

The administration and the judiciary

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Youth protection – a shared responsibility

On the administrative level : local authorities

1980’s decentralizing acts2007 law on the prevention of juvenile delinquency• Role of local authorities• Role in detecting potentially difficult situations

Youth protection measures are taken with the approval of their families

Examples of services involved :Mother and child health programmes (PMI)Child welfare authority (ASE)Assistance for young adultsService in charge of gathering disturbing information (CRIP)

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Youth protection : a shared responsibility

On the judicial level :

Civil measures concerning young people :The juvenile court judge will make a child protection order provided it is established that the child is at risk. The order is binding on the family, although the judge has to seek their approval.

The responsibility is shared between local authorities and the PJJ• child protection orders are central missions to the PJJ, except for the investigative areas.

In the judicial treatment of young people (delinquents) only the PJJ are involved

Its originality resides in the fact that an assessment is made of the young person’s personality and his/her social and family circumstances before any decision is taken.

PRINCIPLE OF VERTICAL DELEGATION OF AUTHORITY (dejudiciarisation)

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1. COURTS FOR YOUNG PEOPLE

The Juvenile Court Judge (JCJ)

The Juvenile Court

The Youth Assize Court

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THE JUVENILE COURT JUDGE

Central figure in the youth justice system within the district court, he plays two roles :

• Protection

• Punishment

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THE PROTECTIVE FUNCTION

The juvenile court judge has an educational supervision functionif a young person is in physical or moral danger i.e. deprived of the care and/or education necessary for guaranteeing a young person’s health, safety or morality. The case is referred to the JCJ by the Prosecutor’s Department and the judge carries out any necessary investigations.

The JCJ can also provide protection for young adults aged from 18 to 21 who, faced with problems of social integration, request an educational supervision order to be continued after their majority.

Educational supervision can involve a young person and his/her family being monitored in an open environment, or the young person’s placement.

THE JUVENILE COURT JUDGE

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THE REPRESSIVE ROLE

The judge intervenes if a young person is suspected of having committed an offence in order to investigate and to judge after the matter has been referred by the State Prosecutor.The judge carries out any investigation which is necessary into the facts and the young person’s personality. He is supported by the Court’s Youth Protection Services.The JCJ can make various orders during this phase depending on the age of the young person, the nature of the offence and the sentence incurred.As of January 1, 2005 the JVJ is competent to apply sentences against juveniles.

THE JUVENILE COURT JUDGE

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THE JUVENILE COURT

The juvenile court is presided by the Juvenile Court Judge assisted by 2 assessors and the Court clerk.

The law of August 2011 stipulates that the JCJ who investigated the case may not sit in judgement on the young person concerned.

The Public Prosecutor’s Department is represented by a prosecutor from the Prosecutions Department who specializes in juvenile cases

The court is seized at the end of a judicial investigation or anemergency court appearance and is competent to judge• category 5 minor offences,• some indictable offences and very serious offences by young people who were under the age of 16 at the time of the events.

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THE ASSESSORS

The assessors are non professional magistrates who sit in judgement with the JCJ.

They have no specific legal training and usually exercise a wide range of trades (bank employees, industrial employees, civil servants, doctors, tradesmen, workers, teachers). They are all interested in youth problems.

They come from all social classes.

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THE YOUTH ASSIZE COURT

Very serious offences committed by young people aged between 16 and 18 at the time of the events are judged by the Youth Assize Court.

It is composed of three professional magistrates and a jury.

A judge responsible for juvenile matters brings the prosecution. The hearing is held in private.

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The juvenile courts work with :

1) The state prosecutor or the deputy state prosecut or responsible for youth cases.They are involved in youth protection, but also with punishingoffences committed by a juvenile.They plead at the Juvenile Court or Juvenile Assize Court hearing to protect society’s interests, and at the end of the trial, to enforce the sentence given.They also represent the Prosecutions Department vis-à-vis

regional authorities (county, municipalities, local security contracts…)

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The juvenile courts work with :

2) The Courts’ Youth Protection Services (CYP)They recommend educational measures to the Juvenile court

judges for young people who are subject to criminal or civil orders.

3) The lawyersThey are automatically present in criminal matters, i.e. if the young

person is presumed to have committed an offence. Some lawyers specialize in defending juveniles.

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2. The Courts’ Youth Protection Services (PJJ)

The public assistedTheir missionsTheir organizationTheir partnersSome figures

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THE COURT YOUTH PROTECTION SERVICES : the public assisted

The action of the Court Youth Protection Services is based on three founding texts :

The order of February 2, 1945 on juvenile delinquents states that educational measures take priority over penal sanctions. It guarantees the juvenile delinquent’s right to an education.

It lays down the principle of the diminished responsibility of the delinquent minor. It allows juvenile delinquents to receive protection measures beyond their majority.

Articles 375 to 375-8 of the Civil Code (law of June 4, 1970 concerning parental authority) widen the Juvenile Court Judge’s area of competence for protecting young people whose health, safety or morality are at risk, or whose education is in jeopardy.

The judge must do his utmost to leave the young person in the family and obtain the family’s approval of the proposed measure.

Decree of February 18, 1975 laying down the conditions in which a court order concerning young adults (18-21) can be put into effect.

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The PJJ : MISSIONS

Investigatory measuresEducational OrdersProbation orders or orders supervising sentencesEducational sanctionsModified sentences

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INVESTIGATORY MEASURES

• Collecting socio-educational information (RRSE) (takes place within first 10 days)

• Educational orientation investigation (takes 15 days to 6 months)

They are stipulated in civil and criminal matters.They enable the juvenile court judge to have a clearer understanding of the personality, previous history and background of young person in question.Depending on the time needed to carry out the investigation, the JCJ can make a placement order.

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EDUCATIONAL ORDERS

Educational action in an open environment (ESOE)

Court Protection for Young Adults

Monitored freedom orders

Court protection orders

Criminal compensation

Placements

Day Centre placement orders

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PROBATION OR SUPERVISION

ORDERS AND PUNISHMENTS

• Suspended sentence with control• Community service order• Social-judicial monitoring• Citizenship course• Daily activity order• Prison• Judicial control

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EDUCATIONAL SANCTIONS

Law of September 9, 20Educational sanctions apply to young people aged 10 to

18 at the date of the events.They enable a more adapted judicial response to be

made if the educational orders appear inappropriate or ineffective and if sentencing would be too severe a sanction.

They are a response to actions committed by juveniles aged 10 to 13 against whom no sentence can be pronounced.

6 educational sanctions can be ordered either alone or combined (eg. confiscation of goods)

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MODIFICATIONS OF SENTENCE

Only concerns convicted detaineesOnly concerns convicted detainees

• Release on probation• External placement, with or without

surveillance• Semi-liberty• Placement under electronic surveillance• Suspension or dividing up of the sentence

(including for medical reasons• Permission to go out• Permission to go out under escort

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THE ORGANISATION OF THE COURT YOUTH PROTECTION SERVICES (PJJ)

DIRECTIONS

• Direction of the PJJ• Inter-regional directions of the PJJ (9 in

France)The direction for South West region covers Aquitaine, Poitou-Charentes, Limousin)

• Territorial directions of the PJJ 4 for South West region

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THE ORGANISATION OF THE COURT YOUTH PROTECTION SERVICES (PJJ)

THE SERVICES ARE DIVIDED INTO TWO SECTORS

THE PUBLIC SECTOR

Placement services :• Educational action homes

• Collective residential education units• Diversified residential education units – host families, bed-sits…

• Secure education centres• Intensive education centresTerritorial education services in an open environment :• Education unit in an open environment • Court education unitLocal insertion services• Educational day centres

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THE ORGANISATION OF THE COURT YOUTH PROTECTION SERVICES (PJJ)

AUTHORISED VOLUNTARY SECTOR

Require PJJ authorization

Placement services

– Children’s homes– Secure education centres– Intensive education centres– Other types of home/shelters…

Services dealing with investigation/ reparation

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THE ORGANISATION OF THE COURT YOUTH PROTECTION SERVICES (PJJ)

PERSONNEL with different specialities organized in teams

• Directors• Heads of educational units• Educators• Social workers• Technical teachers• Psychologists• Psychiatrists under contract• Nurses• Admin and finance staff

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Direction territoriale Poitou Charentes

Direction territoriale Limousin

Direction territoriale Aquitaine Sud

Direction territoriale Aquitaine Nord

Organisation de la DIR PJJ Sud-Ouest

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Direction TerritorialeAQUITAINE NORD

STEMO 24/471 Directeur

UEMO Bergerac 1 RUE

UEMO Périgueux 1 RUE

UEMO Agen1 RUE

STEMO Gironde1 Directeur

UEMO Cenon 1 RUE

UEMO Bordeaux1 RUE

UEMO Mérignac 1 RUE

EPEI 1 Directeur

UEAJ Bordeaux 1 RUE

UEHC Pessac 1 RUE

Au 1er septembre 2010

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STEMO 40/641 Directeur

UEMO 401 RUE

UEMO Pau1 RUE

UEMO Bayonne1 RUE

EPE/ UEHC MdM1 Directeur

CEF MdM1 Directeur / 1 RUE

Direction TerritorialeAQUITAINE SUD

Au 1er septembre 2010

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Direction TerritorialeLIMOUSIN

STEMO Limousin1 Directeur

UEMO Limoges1 RUE

UEMO Brive1 RUE

UEMO Gueret1 RUE

EPEI Limoges1 Directeur

UEHC Limoges1 RUE

UEAJ Limoges1 RUE

Au 1er septembre 2010

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Direction TerritorialePOITOU CHARENTES

UEMO Poitiers1 RUE

UEMO Saintes1 RUE

UEMO Angoulême1 RUE

STEMO EST1 Directeur

EPEUEHC

Angoulême1 Directeur

EPEUEHC Poitiers

1 Directeur

MissionUEHD

STEMOI Ouest1 Directeur

UEMO Niort

1 RUE

UEMO La Rochelle

1 RUE

UEAJ Niort

1 RUE

Au 1er septembre 2010

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PJJ : partners

• Prefects • State services• Local authorities• Associations• Railways, post office…

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PJJ : some figuresNumber of young people assisted after

sentencing by the public sector and authorized voluntary sector

(2010)

National 98 306 jeunes

DIRPJJ Sud-Ouest 8 027 jeunes

Aquitaine 5 118 jeunes

Poitou-Charentes 1 943 jeunes

Limousin 1 064 jeunes

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PJJ : some figures

Number of young people detained in juvenile prison units (2010)

DIRPJJ Sud-Ouest 208 jeunes

Bordeaux Gradignan 96 jeunes

Angoulême 38 jeunes

Limoges 58 jeunes

Pau (travaux en cours d’année) 16 jeunes

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PJJ (Public sector) some figures about 2010

Age -10 -13 -16 -18 -21

Sexe M F M F M F M F M F

Investigatory 230 173 138 82 755 188 1189 217 256 22

Open environment 6 4 49 8 822 165 1405 202 398 39

Placement 29 4 113 9 1 1

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THANK YOU FOR YOUR ATTENTION