Nothing to fear from FGC

Constable Brian Camplin, who heads Kaitaia's Police Youth Services, knows better than most that the common public perception of the family group conference is not entirely positive.

Many people saw FGCs as a waste of time, he said earlier this week, while others declined to be involved for fear of making a bad situation worse and being victimised again.

The reality, however, was almost invariably very different.

"When a juvenile offender is apprehended, and the police have charged or intend to charge them, the Children Young Persons and Families Act 1989 prescribes that an FGC must be held," he said.

"The FGC is convened and conducted by a youth justice co-ordinator. Our current YJC in Kaitaia (David Greig) is vastly experienced in facilitating the maximum benefits for all parties to the process.

"At an FGC, the victim is invited to meet with the young person and their family/support persons to express how the offending has affected them and provide their expectation of what they see as a suitable outcome, for them personally and for the public interest.

"That's by no means the only purpose of the FGC, but it is fair to suggest that it the main purpose."

Constable Camplin had received a wide range of post-family group conference feedback over the years, including cynicism and contempt from victims who considered the process as akin to a wet bus ticket.

There had also been many victims who had appreciated the opportunity to participate and speak to the young offender and their family, however, for a variety of reasons.

"What I can say, with some authority, is that in many cases the victim, even before they've laid eyes on the offender, becomes a victim of their own understandable fear and negativity," he said.

"By attending the FGC, however, they can see that they have nothing to fear from the young person and their family. Before they meet, the victim's imagination creates an unfounded image of someone akin to a sociopath or similar, leading them to fear further victimisation if they were to speak their mind.

"In reality the victim usually meets someone quite different from what they imagined, who is more likely to be a cringingly apologetic young person, a kid who comes from difficult and unfortunate circumstances, who is going through that messy adolescent phase of erratic pre-frontal cortex functioning. The offender's family will also likely be ashamed family.

"The victim's fear and frustration then usually abates, and the ancillary purposes of the FGC are subsequently worked on, ideally heading toward an agreed outcome."

Constable Camplin had no difficulty thinking of victims who had attended FGCs and would vociferously argue to the contrary, but generally they would be unwilling or unable to understand that their idea of an appropriate sanction was not going to be delivered under the current judicial climate in New Zealand.

"I offer this as an observation in the hope that people will not bring too many preconceptions with them if they are ever invited to an FGC," he added.

"I can give you my assurance that if you are a victim who is likely to find yourself demeaned and marginalised by one of the rare offenders/families who, in my opinion, are not likely to engage with the intended spirit of the FGC, then I will continue to do what I have always practised, which will be to give you a personal call so you can be better informed as to what you are likely to encounter.

"I have attended maybe 500 FGCs over the years, and I have only had to make half a dozen such calls.

"A victim's attendance at an FGC really does tend to fulfil the envisaged purpose of that forum. The outcomes are provided for under statute and are binding at law, so should not necessarily be seen as the unenforceable manifestation of warm fuzzies.

"The completion of the recorded outcomes must be accounted for, or the judge will want to know why."