Restorative justice

• AO1 Changing the emphasis

  Switch from needs of the state (to punish and enforce laws) to needs of the victim (to feel compensated). Restorative justice seeks to be a healing process focusing of reparation over retribution. It involves both the victim (their recovery) and the offender (their recovery/rehabilitation).
• AO1 Key features

  • Trained mediator supervises.
  • non-courtroom setting, offender voluntarily meeting.
  • Face-to-Face or video call.
  • Survivor has opportunity to confront offender, explaining how this has affected them. Chance to comprehend all consequences.
  • Active involvement of all parties in the process wherever possible.
  • Focus on positive outcomes.
  • Relevant community members can be involved and wish to explain the effects.
• AO1 Sentencing and Restitution

  Sentencing:

  • May occur pre-trail (helps to reduce sentence).
  • May occur alongside prison as an incentive to reduce sentence.
  • May occur instead of prison if they are young.

  Restitution:

  • Often monetary payment to survivor
  • Pay for physical, psychological or property damage (can repair themselves)
  • Can be emotional (help restore confidence and self-esteem)
• AO1 Restorative justice council (RJC)

  RJC - independent body to establish clear standards of restorative justice and support survivors and specialists in the field. Advocates for use outside of crime to prevent and manage conflict in many areas (like schools, workplace hospitals and communities).
• AO3 Evidence of effectiveness

  Evidence it does have positive outcomes. RJC reported 85% of survivors were satisfied, 78% would recommend, 60% made them feel better, 2% felt worse. Suggests it achieves one of its aims of helping the survivor with the crime aftermath. Increases reliability, proving effectiveness.

  CP-Survivors are used to help rehabilitate offenders rather than helping themselves. Not as survivor focused, rather a secondary aim, not being as positive.
• AO3 Recidivism

  Decreased rates of recidivism. Meta-analysis of 10 studies, Group of offenders receiving face-to-face restorative justice schemes were significantly less likely to offend than custodial sentence group. Shows positive impact of reoffending.
• AO3 Abusing system

  Offenders may abuse the system. Relies on their intentions being honourable. Genuine remorse and guilt. However some offending use it to avoid punishment, playing down their faults, and bragging to the victim. This explains why some offenders who take part in these schemes are likely to go on to reoffend.