The CMA carries on its work and unfolds all related activities which are necessary for its operation as established in the above agreement, independently of the signatory bodies and in compliance with the scientific principles of the school of thought which coached its mediators. The Office takes care of all steps required for successful mediations as well as regular secretarial activities, study and research both on in-house work and in cooperation with other National Centres. It also promotes its visibility with public organizations and institutions both locally and nationwide. In its first years of life the new regional Mediation Centre promoted a large-scale divulgence and submitted papers presenting the Centre to over 1,300 offices, bodies, associations, communities in all Calabrian districts. In addition, the Centre was presented to regional managers of Local Health Units at the Department for Strategic Targets-Social Policies of the Calabria Region. A project called "Dallo scontro all'incontro" (From Fight to Right) was launched to sensitize secondary schools on mediation and includes weekly sessions with some Catanzaro schools for over 100 students with their own teachers.
In view of an increased propagation of familiar mediation some local bodies (at Locri, Taurianova, Trebisacce, Castrovillari) made facilities and tools available to open up new centres in their own districts.
Likewise, on the side of study and research, along with papers and statistical reports on the activity of the Centre, the focus was on a survey arranged with the competent Juvenile Court, still under finalization, concerning re-offending by juveniles under mediation over the last five years. This pilot study was carried out in all Calabrian Juvenile courts and will be published and possibly be the subject of a future meeting.
Within the regular and steady activity of the Juvenile Penal Mediation Centre in Catanzaro cases referred in 2005 amount to 75 over a total 172 (indicted and victims) under mediation.
As to indicted 27 out of 88 were 18 to 20 years of age, 48 were juveniles between 16 and 17 and 13 were 14 to 15 years of age. Obviously, all of them were below 18 years when they committed offence and mediation was applied for at a later stage of the proceedings or, in case of stayed proceedings, during the probation period or at the end thereof.
The percentage schedule shows that the most critical age bracket is 16 to 17 years. This fact is significant and disquieting and prompts the team to envisage targeted interventions at school level.
The mediation activity carried out to-date concerned the districts of Catanzaro, Cosenza, Vibo Valentia and Crotone, under the aegis of the Catanzaro Juvenile Court and the State's Attorney with the Juvenile Court, specifically with the following tasks.
Generally, mediation sessions take place in the Catanzaro Office, in separate facilities and again out of court to convey the right hue of impartiality to mediation. Cases from the other regional districts are worked in regional offices in Cosenza, Crotone, Vibo Valentia to meet specific needs of parties who cannot reach Catanzaro. In particular, Cosenza, having the highest number of cases, carried on cooperation with the mediation team through a regional civil servant assigned to Cosenza Social Service. As to referral, 56 out of 75 cases were referred by the State's Attorney with the Juvenile Court, 9 by the Youth Welfare Office (YWO), 9 by the JCH and 1 by the JPI.
Under Article 9 of the Pres. Decree no. 448/88 the Catanzaro State's Attorney with the Juvenile Court very often invites mediation at a pre-trial stage. Increasing are also referrals by the YWO, the Judge for the Committal Hearing (JCH) and the Judge for Pre-trial investigations (JPI). Referrals are often made in this respect by the prosecuting authority and recorded during court sessions; moreover, a successful mediation is often regarded as a key factor to start probation as well as an opportunity of personal growth for the young offender.
According to data concerning crime categories against previous years, youngsters are referred to mediation not only for so called "petty crimes", yet also for rather serious offences, previously indictable offences. For some of these offences it is now possible to downgrade or withdraw charges and stay the relevant proceedings or even dismiss them if need be, or admit the young offender to probation scheme. The crime categories concerned grew to 36, 10 more as against last year, and include such crimes as attempted murder and sex offences.
As regards the outcome 30 cases out of 75 were solved positively, 25 were not solved, 9 defied mediation and 11 are still under way.
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Tools in Network is a project of the Department of Juvenile Justice - Ministry of Justice of Italy in the framework of the Leonardo Da Vinci Education and Culture Lifelong Programme