Restorative Justice

• Changing the emphasis

  A person convicted of a criminal offence would have been regarded as having committed a crime against the state = restorative justice programmes switch the emphasis from the needs of the state to the needs of the individual victim

  • Victims are encouraged to take an active role in the process, whilst offenders are quirked to take responsibility and face up to what they have done
• The restorative justice process

  John Braithwaite (2004): ‘crime hurts, justice should heal’

  • This is a process of managed collaboration between offender and victim based on the related principles of healing and empowerment
  • A supervised meeting between the two parties is organised - attitude by a trained mediator - where the victim is given the opportunity to confront the offender and explain how the incident affected them
  • the offender is ale to see the consequences of their actions, including the emotional distress it caused, important part of the rehabilitation process
• Variations of the process

  Offenders may make some financial restitution to the victim which may reflect the psychological damage done or actual physical damage.

  Other variations may involve the offender repairing damaged property themselves.

  RJ is flexible and can function as an alternative to prison, as an add-on to community service or as an incentive which may lead to the reduction of an existing sentence
• Key features of the process

  Most forms of RJ share the same key features:

  • Focus on acceptance of responsibility and positive change for people who harm others; less emphasis on punishment
  • Not restricted too courtrooms; survivors and those responsible for harm may voluntarily choose to meet face-to-face in a non-courtroom setting. Other relevant community members may also have a role in the process
  • Active rather than passive involvement of all parties in the process wherever possible
  • Focus on positive outcomes for survivors and those who have engaged in wrongdoing
• The Restorative Justice Council

  The RJC is an independent body whose role is to establish clear standards for the use of restorative justice and to support victims and specialists professionals in the field

  The RJC advocates the use of restorative practice in preventing and managing conflict in many areas including schools, children’s services, workplaces, hospitals and communities - as well as prison