Restorative Justice

what is Restorative Justice?

Restorative justice works to resolve conflict and repair harm. It encourages those who have caused harm to acknowledge the impact of what they have done and gives them an opportunity to make reparation. It offers those who have suffered harm the opportunity to have their harm or loss acknowledged and amends made. Conflict between people is inevitable, but when it occurs, restorative justice can help to restore the balance in a just and fair way. In resolving the harm done it works to prevent it happening again. In criminal Justice setting:  The offender is seen as having committed an offense against the state  Victims have very limited opportunity to say how they have been affected by an incident  The system keeps victims and offenders apart & others speak for them  The offender is not encouraged to accept responsibility In a restorative setting, however:  The harm done by a crime is an offence against the person or community  Victims are allowed the opportunity to participate  Victims & others may be brought together with an impartial mediator to consider what happened and find out what can be done to help put it right  Responsibility and (re) integration are encouraged Restorative justice can work in a variety of settings … In the criminal Justice system … An independent, trained facilitator enables the parties involved in the crime – victim(s), offender (s) and sometimes members of the community – to communicate with each other in order to repair any harm that has been caused. There are a number of different models for this process, the more common ones are: • Victim/ offender Mediation (direct or indirect) • Family Group Conferencing / meetings • Restorative Conferencing It can provide victims with: • An opportunity to explain the impact of the crime • An acknowledgment of the harm caused • A chance to ask questions. Some control & choice • Peace of mind about the future • Sometimes an apology / reparation/ recompense is agreed It can provide offenders with: • The opportunity to explain what happened • The opportunity to try to put right any harm caused • Some self – esteem • Re- integration into the community In schools … • Breaking school rules is often seen as an offence against the school not the person • Pupils involved in disputes are usually not required to accept responsibility for their behavior • Punishments don’t provide a way forward in resolving disputes However, Restorative Justice in schools: • Accepts conflict as part of life • Allows young people to take responsibility for their feelings & behavior • Empowers young people, teachers & parents to handle conflict is positive ways • Reduces school exclusions • Improves feelings of safely for staff and students There are a number of different models for this process, the more common ones are: • A whole school approach including conferencing and mediation – teachers, governors, staff & pupils satisfaction, improved communication and co- operation & often increased academic progress • Peer mediation for pupils & teachers • “Circletime” In prisons… • Prisoners are often not required to face up to the effect their crime has had on others • Breaking rules is punished but prisoners are not required to take responsibility for their actions • Staff & prisoner disputes often leave conflict unresolved and tensions simmering However, Restorative Justice in prisons: • Encourages the use of victim awareness & restorative justice measures such as victim- offender mediation and conferences to be used in prisons • Allows prisoners to take full responsibility for their behavior & provides opportunities for improving self – esteem • Can help to motivate changes in future behaviours • Uses restorative processes as a way of resolving complaints and restoring calm • Encourages god internal relationships in prisons therefore enabling the prison to function as a healthy, active & participative community in itself • Provides the opportunity for communities outside of prison walls to help in the rehabilitation of offenders • Offers victims the chance to have questions answered prior to a prisoners release Every person harmed by conflict should have the opportunity to resolve it through a restorative process Values & Principles Restorative Practices are underpinned by a set of values, these include: Empowerment, honesty, engagement, voluntarism, healing, restoration, personal, accountability, inclusiveness, collaboration and problem – solving Based on these values, the principles of Restorative Processes were developed, these include: RJ must be voluntary for all participants RJ seeks a positive outcome for all parties RJ is respectful not degrading