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Senior gardaí summoned to HQ over non-prosecution of 13,000 juvenile offences

Thousands of young people went unpunished for their crimes.

SENIOR GARDAÍ HELD a meeting at Garda HQ earlier this week to discuss what sources have described as a “massive failure” in the juvenile prosecution system.

It emerged at a meeting between Garda management and the Policing Authority last month that almost 13,000 criminal offences by young people may have gone unprosecuted due to problems with the logging system.

A major audit of 22,000 cases is now being carried out into the Juvenile Diversion Programme scheme after it emerged that a significant number of young people may have wrongly escaped prosecution.

The internal review has seen a number of sergeants and inspectors removed from the frontline to deal with this latest crisis.

The lack of frontline sergeants is already at crisis point, meanwhile, according to garda representative body AGSI.

Senior gardaí met at the force’s Phoenix Park headquarters in Dublin on Tuesday to discuss the issue and the potential fallout from the looming controversy.

What is the Juvenile Diversion Programme?

The original aim of the Juvenile Diversion Programme was to help prevent young offenders in Ireland from entering into the full criminal justice system.

Instead of a criminal conviction, the young person was given the chance to admit to their crime as part of the scheme and is offered one of a range of options to make amends.

Specially-trained garda Juvenile Liaison Officers (JLOs) are assigned to work with them.

Once the young person admits responsibility for their actions, an action plan is created – this can include apologising to the victim of their crimes, offering money to them, imposing curfews on the offender or ensuring they participate in sporting or other recreational activities.

In an interim assessment given to the Policing Authority last month, three failings were identified:

  • Referrals being left in drafts preventing them from being processed in a timely manner;
  • Referrals not being assigned to a juvenile liaison garda;
  • A significant lack of follow-through to prosecution for those who refused to engage.

Assistant Commissioner Pat Leahy last month told the authority that the force was attempting to figure out how thousands of offenders were effectively getting away with their crimes.

There were cases where, after a prolonged period of attempted engagement by the JLO, the young offender has refused to work with the officer. In other cases, the young person has been deemed unsuitable for the programme.

In the past, these young people were placed on a centralised list which gave gardaí blanket approval to proceed with their prosecution.

However, that system was then changed so that individual JLOs had to contact the original arresting garda informing them that the scheme was not working out and that they should go ahead with prosecution.

The way the system was created meant that a referral had to be done for each offence, for each offender – effectively creating a substantial workload for officers.

Sources say that the system became unworkable and ground to a halt. The offenders’ cases lingered until a point where their offences could no longer be prosecuted as they exceeded the statute of limitation.

Leahy said he was aware of the human impact these failings may have had, telling the authority last month that “the significant risk is you’ve a victim and you’ve a child”. He acknowledged that further crime may have been committed in the period of “inactivity” by gardaí. The assistant commissioner also said there may be disciplinary proceedings arising out of this investigation.

‘Got away with it’

Policing Authority chairwoman Josephine Feehily said at last month’s meeting: “Young people who were accepted into programme and who agreed to go into the programme and accept the strictures of the programme received a particular kind of treatment.

“And the ones who didn’t – because they weren’t suitable in many cases, because they were more serious crimes or perhaps because they were recidivist, got away with it.”

Assistant Commissioner Leahy assured the authority that gardaí were working to remedy the legacy cases.

Sources told TheJournal.ie that An Garda Síochána’s new case management system now sets timelines and sends reminders to investigating officers for these kinds of actions so they cannot forget.

The latest available report into the diversion programme is from 2016. It found that there were a total of 1,250 children deemed unsuitable for the programme in 2016. This is down 15% on the 2015 total of 1,479 – based on most recent referral received.

The crimes committed by these juveniles which resulted in a JLO referral included rape, sexual assaults, assaults, thefts from the person, threats to kill, burglary, arson, serious road traffic offences among others. However, it is currently unknown which crimes were not prosecuted.

Senior gardaí will again appear before the Policing Authority today, but the Juvenile Diversion Programme audit is not on the agenda.

A spokesperson for the gardaí said there is an ongoing review in relation to the Juvenile Diversion Programme and that a “full media briefing will take place when the final report is issued and it is envisaged that this will take place in October”.

With reporting by Daragh Brophy

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37 Comments
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    Mute Franny Ando
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    Oct 22nd 2021, 6:38 PM

    Tickets to gain entrance to nightclubs this is turning into a right farce. It’s getting beyond ridiculous now.

    325
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    Mute lelookcoco
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    Oct 22nd 2021, 6:44 PM

    @Franny Ando: No it’s the minimum that should be required given the increase in case numbers. That places are opening at all is a bonus. You need to accept the old ways are gone for now.

    206
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    Mute JusticeForJoe
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    Oct 22nd 2021, 6:44 PM

    @Franny Ando: I know, right?! And who ever heard of being asked to show ID to get in to a nightclub?! It’s madness I tell ya!

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    Mute Will Roche
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    Oct 22nd 2021, 6:47 PM

    @Franny Ando: I wonder if nightclubs who are opening tonight knew about this? If not tonight is going to be a mess.

    27
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    Mute Franny Ando
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    Oct 22nd 2021, 6:51 PM

    @Will Roche: They just announced it won’t come into effect till Monday.

    20
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    Mute Tom Bombdadil
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    Oct 22nd 2021, 6:53 PM

    @Franny Ando: there won’t be a single ticket given out. That’s a fact

    18
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    Mute Franny Ando
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    Oct 22nd 2021, 6:53 PM

    @JusticeForJoe: There’s a bloody big difference asking for I.D and being made by tickets. A covid cert and photo I.d is ample proof. Dont try to be smart because you generally fail abysmally.

    62
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    Mute Life in no motion
    Favourite Life in no motion
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    Oct 22nd 2021, 6:54 PM

    @Franny Ando: stop your moaning

    57
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    Mute Franny Ando
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    Oct 22nd 2021, 6:55 PM

    @lelookcoco: A covid cert with photo I.d is more then enough for gaining entry. Tickets are of no benefit whatsoever.

    44
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    Mute Mac Muinteoir
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    Oct 22nd 2021, 6:55 PM

    @Franny Ando: reminds me of when they announced the new 5 levels of lockdown, and then when they were asked which level we were in, they said “3 and a half”.

    59
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    Mute Franny Ando
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    Oct 22nd 2021, 6:56 PM

    @Franny Ando: buy

    5
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    Mute Kevin
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    Oct 22nd 2021, 6:58 PM

    @Franny Ando:

    I suspect the nightclubs & bars will be closed again within 6 weeks if the current hospitalisation rate continues. The government know this as do NPHET but they had to give a (temporary) concession given how badly affected this industry has been over the past 17 months.

    41
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    Mute lelookcoco
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    Oct 22nd 2021, 7:01 PM

    @Franny Ando: It’s to facilitate contact tracing. Do you only read the news items that allow you a good moan?

    42
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    Mute Franny Ando
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    Oct 22nd 2021, 7:01 PM

    @Mac Muinteoir: I lost count of the many variations of lockdown:):)

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    Mute Paul Mcnevin
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    Oct 22nd 2021, 7:02 PM
    14
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    Mute Melissa OHara
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    Oct 22nd 2021, 7:04 PM

    @Franny Ando: they say the tickets are for contract tracing but sure how are they going to know who is a close contact in a nightclub?! Also everyone has to be vaccinated anyway and when you are vaxed and a close contact it makes f all difference because you just go about you life as normal.

    47
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    Mute Franny Ando
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    Oct 22nd 2021, 7:18 PM

    @Life in no motion: Oct 22nd was when most restrictions were to be removed. A plan should have been in place well before 7pm on the 21st. A plan for reopening and a secondary plan if they had concerns about numbers. But that would require actual competent ministers something most have known for a long time are in extremely short supply. All the plans put in place by these venues after 22 months all gone skew ways.

    34
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    Mute Hugo Bugo
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    Oct 22nd 2021, 7:21 PM

    @lelookcoco: no we don’t have to accept anything of the sort, not all of us roll over so easily

    35
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    Mute Hugo Bugo
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    Oct 22nd 2021, 7:22 PM

    @lelookcoco: contact tracing, lol, so you’re still trying to contain it, good luck with that

    21
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    Mute Cian
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    Oct 22nd 2021, 7:26 PM

    @lelookcoco: surely your a troll there actually can’t be people with this view point is there? How unworkable the ticket system is. how are small Family run nightclubs going to set up this online ticketing service? Without having to pay an external company.

    28
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    Mute lelookcoco
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    Oct 22nd 2021, 10:34 PM

    @Cian: No Cian. I’m not a troll. I’ve been commenting here for 7+ years. Family run nightclubs? Where do you live, the Aran Islands?

    14
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    Mute Robert Clifford
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    Oct 23rd 2021, 1:09 AM

    @lelookcoco: People like you should be put in the stocks.

    4
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    Mute SmallbutMighty
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    Oct 23rd 2021, 9:11 AM

    @Cian: event brite is free and you can set up an account in about 2 minutes. I sincerely hope that if someone can run a nuteclub they can manage the Internet.

    5
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    Mute SmallbutMighty
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    Oct 23rd 2021, 9:14 AM

    @Hugo Bugo: thought you had given up on the Journal after your dramatic that’s it I’m leaving last week. Didn’t last long before you’re back moaning.

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    Mute Maria Clery-Breen
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    Oct 23rd 2021, 9:47 AM

    @Kevin: thinking the same thing ,,,they should not have opened them .

    4
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    Mute JusticeForJoe
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    Oct 23rd 2021, 9:15 PM

    @SmallbutMighty: Ahahahaha he didn’t say that, did he? Raging I missed that. No need to announce your departure, Hugo, it’s not an airport.

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    Mute Jacqui Curtis-owens
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    Oct 22nd 2021, 7:25 PM

    Watch this space….bye bye Christmas

    105
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    Mute Stuart Birney
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    Oct 22nd 2021, 7:32 PM

    @Jacqui Curtis-owens: We heard you the first time!

    5
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    Mute Hugh
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    Oct 22nd 2021, 7:35 PM

    These cl0wns are in charge of an €86 billion budget. Let that sink in

    96
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    Mute Garreth mc mahon
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    Oct 22nd 2021, 8:40 PM

    @Hugh: I’m more worried about the 200 billion defecit

    26
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    Mute Aranthos Faroth
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    Oct 22nd 2021, 10:00 PM

    @Hugh: jaysus sure if you’re so confident why haven’t you gone into politics? Or you just like judging but not actually doing anything?

    17
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    Mute Ian O Hara
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    Oct 22nd 2021, 7:02 PM

    Dancing maskless, boom covid controlled…….

    44
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    Mute JMcB
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    Oct 22nd 2021, 6:53 PM

    Hand sanitisers on every table is not a bad thing IMO

    40
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    Mute Mark
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    Oct 22nd 2021, 6:55 PM

    @JMcB: until fellas started drinking it hahahah they’ll be blind as bats

    75
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    Mute Stuart Birney
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    Oct 22nd 2021, 7:29 PM

    @Mark: Bat’s aren’t blind Mark but nice try!

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    Mute FrustratedASDMum
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    Oct 22nd 2021, 9:56 PM

    @JMcB: Jesus, never thought of that. You just know there are going to be knob heads in pubs and clubs this weekend who will drink some ‘for a laugh’ and end up wasting time & resources in A&Es around the country after poisoning themselves.

    6
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    Mute Robert Clifford
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    Oct 23rd 2021, 1:34 AM

    @Stuart Birney: I’d say you’re a real hoot at parties.

    5
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    Mute Rochelle
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    Oct 22nd 2021, 8:03 PM

    I mean I get why there’s so much red tape but the amount of protocol and fuss would really put me off going out at all.

    25
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    Mute Seymour business
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    Oct 22nd 2021, 7:57 PM

    This all makes sense to me, at least the effort to protect all vital services are being put to priority. Unlike the sh!t show across the water. Well done all.

    29
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    Mute Dave Hammond
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    Oct 23rd 2021, 12:14 PM

    @Seymour business: ha ha maybe ya should change your name to ‘see less business’ —- what ever happened to the 100m we spent on the HSE covid tracing app ? This was suppose to be the 21st century solution to contact tracing – using mobile tech like they did in south korea to retrace movements yada yada -anyone remember all that -of course not – Ireland is tieing itself up in a farcical red tape bubble being created by bureaucrats – it’s almost as if they. are setting it up to fail – heres a list of things we need you to do in order to ‘be incompliance’ and then in another month – ah we have to shut them down they are not abl to operate in compliance – i get it people who dont care much for clubbing etc on here pontificating – but for the vast majority of younger people pub club owners and operators – this just makes a laughing stock of the ‘vaccine bonus’ conversations that Govt and Health officials touted 6 months ago – people need to start demanding representatives get theor sh*t together and get this mess sorted – it is beyond farcical they had over a year to PLAN for club reopenings – could the administrators not have used all them ‘working from home on full pay’ meetings on zoom to work all this out in advance – 630pm on day of opening – seriously????

    4
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    Mute Maria Clery-Breen
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    Oct 22nd 2021, 6:53 PM

    I know of someone going out tomorrow not vaxed ..how they are going to get in anywhere .,.

    14
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    Mute Franny Ando
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    Oct 22nd 2021, 6:56 PM

    @Maria Clery-Breen: A negative test result.

    36
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    Mute Mo
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    Oct 22nd 2021, 6:59 PM

    @Maria Clery-Breen: You should definitely report them, awful behaviour altogether /s

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    Mute lelookcoco
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    Oct 22nd 2021, 7:02 PM

    @Maria Clery-Breen: Hopefully they won’t

    21
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    Mute Sarah Lou
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    Oct 22nd 2021, 7:07 PM

    @Maria Clery-Breen: correction… you know someone who intends to go out tomorrow night….cant wait to check in Sunday and see where let them in!

    25
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    Mute Maria Clery-Breen
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    Oct 22nd 2021, 9:14 PM

    @Mo: I’m not in Ireland

    5
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    Mute Robert Clifford
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    Oct 23rd 2021, 1:37 AM

    @lelookcoco: Pull up a chair everyone. lelookcoco is saying daft stuff again.

    7
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    Mute John Keane
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    Oct 22nd 2021, 8:35 PM

    Im just interested to know what your solution is! Please share it. Do you want a freedom day? Look where that got them. People will die in more numbers again, there is no back to normal solution there wont be for a long time if ever. Unless we just all take our chances and may the strong survive. Maybe thats what darwin meant.

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    Mute John Keane
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    Oct 22nd 2021, 8:55 PM

    @John Keane: that was meant for Franny Ando at the top.

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    Mute finbarr walsh
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    Oct 22nd 2021, 7:37 PM

    Do I need to show covid cert if staying in a hotel ?

    7
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    Mute Giovanni cans
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    Oct 22nd 2021, 7:50 PM

    @finbarr walsh: no drive on eat and drink all you like there covid doesn’t affect hotels

    44
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    Mute Franny Ando
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    Oct 22nd 2021, 8:15 PM

    @finbarr walsh: No.

    10
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