Criminal division – sentencing

11.15.3 The aims & objectives of the program

The aim of the ROPES program is to demonstrate to young people that although they have offended and have been apprehended by police, they do not have to go down the path of continual anti-social behaviour or criminal activity. The program is designed to share trust, respect and co-operation between police and young persons. Its objective is to create a new level of understanding between police, the Children’s Court and the young people involved that is not based on a negative punitive experience but rather is based on positive behaviour change.
Where possible the police member who had the original contact with the young person is asked to attend the course. The continuity of interaction between the young person and the police officer facilitates one of the key objectives of the program – ownership of their actions – and helps the young person to form a positive opinion of the police member with whom they may previously have had a negative interaction. Where it is not possible for that member to participate, a pool of volunteer members is called upon to make up the required police numbers. At no time is the police member treated differently from the young person. Both are required to form a partnership and attempt the activities while relying on each other to be successful as the activities are structured to be too difficult to be achieved by an individual. The emphasis is on encouragement and trust between the young person and the police member and vice versa.

11.15.4 The content of the program

To achieve the objective of the ROPES program the young persons and police informants complete a full day program at the Cliffhanger Rock Climbing Centre (or similar alternative) on a low ROPES and high ROPES course supervised by experienced and qualified instructors and outdoor education specialists. The components of the program are as follows:

• 
  Introduction and Icebreakers.
  
• 
  Low Rock Climbing Walls Course.
  
• 
  Discussion session on teamwork, being part of community, “Choice and Chances”, “Avoiding the adult jurisdiction” and the results of actions and consequences.
  
• 
  Lunch.
  
• 
  High Rock Climbing Course.
  
• 
  Presentation of certificates.
  

The program is not easy. It requires teamwork, encouragement and trust. In most instances ROPES gives the young people involved a better understanding of their own latent abilities to achieve what they thought was not possible. To do this they must place their trust in a police member to achieve a common goal. Joint discussion groups on police and community responsibilities reinforce the assistance that police can give young persons in dealing with home or school issues. It is believed that this form of interaction with police assists young persons in making decisions not to engage in further anti social or criminal behaviour. The program also involves follow-up with any issues raised by the young persons and contact is made with the appropriate youth agencies and family counsellors.

11.15.5 The consequence of a positive completion of the program

If a young person performs satisfactorily in the ROPES program, a certificate of satisfactory completion will be given to him or her and sent to the court. If the presiding judicial officer in the Children’s Court is satisfied with a defendant’s performance in ROPES, he or she will discharge the defendant without requiring the defendant to re-attend at court, without taking a formal plea or hearing a summary or evidence and without making any finding as to the young person’s guilt. This means not only that the young person will not have a criminal conviction but also that the young person will not have a finding of guilt recorded against him or her in respect of the offence. In this regard the philosophy of the program is similar to the adult diversion program.
At the conclusion of the course the young participants are encouraged to contact their respective police members for any matter they may need advice or assistance with in the future.
11.16 The MAPPS Program

In R v P & Ors [2007] VChC 3 the President of the Children’s Court, Judge Grant, imposed youth supervision orders or probation on eight young co-offenders. Each had pleaded guilty to:

• 
  representative counts of procuring by intimidation a young woman FS described as “mildly delayed in her intellectual development” to take part in an act of sexual penetration with two of them;
  
• 
  assault of FS; and
  
• 
  making child pornography, namely a film depicting FS engaging in sexual activity.
  

Each of the co-offenders having been assessed as suitable to participate in the MAPPS program, his Honour placed a special condition on each of the orders that the offender participate in the MAPPS program as directed by Youth Justice in consultation with MAPPS. At [24]-[25] Judge Grant said to the offenders:

“MAPPS is the Male Adolescent Program for Positive Sexuality. It is based within the Adolescent Forensic Health Service of the Royal Children’s Hospital. It is a program that is run for young males aged 10-21 who have been found guilty of a sexual offence. The program ‘places emphasis on the young person accepting responsibility for his offending behaviour and for making the necessary changes so that he can lead a life that doesn’t include offending.’ The program is held in high regard. Independent evaluation has shown it to be very successful in protecting the community by ensuring young men cease offending and change their attitudes and behaviours. It is no an easy option. You and your family will be engaged in various aspects of treatment. The treatment will be tailored to your individual needs as assessed by MAPPS. The average period of treatment is nine months.

In a general letter to the Court (accompanying the individual assessment reports) Ms L, a clinical consultant at MAPPS stated, ‘The offences, involving the sexual and physical assault, exploitation and degradation of a vulnerable female, committed by these young men are viewed as very serious. All of the young men require rehabilitative interventions to address their offending and reduce the risk of further anti-social behaviour.’ I agree with those comments.”
11.17 Sentencing of adults for child abuse