Restorative justice

• Restorative justice

  A system of dealing with criminal behaviour which focuses on rehabilitation of offenders through reconciliation with victims. Offenders see the impact of their crime and the process empowers victims by giving them a 'voice'.
• Changing the emphasis

  Restorative justice programmes switch the emphasis from the needs of the state (to enforce the law and punish) to the needs of the individual victim (to feel compensated in some way). Restorative justice is less about retribution and more about reparation (repairing the harm that has been caused).
• Key features of the Restorative justice programme

  - Trained mediator supervises the meeting.

  - Non-courtroom setting where offenders voluntarily meet with survivors.

  - Can be face-to-face meeting or conducted remotely.

  - The Survivor is given the opportunity to confront the offender and explain how this incident affected them. This enables the offender to comprehend the consequences of their actions, including the emotional distress is caused.

  - It is important that there is an active rather than passive involvement of all parties in the process wherever possible.

  - The focus is on the positive outcome for both survivors and offenders.
• When does restorative justice occur?

  Restorative justice may occur pre-trial or could also function alongside a prison sentence.
• Restitution

  Restitution is often seen as a monetary payment by an offender to the survivor for the harm resulting from the offence.

  This is usually reflective of the level of psychological or physiological harm that has been caused by the offender. Other variations of the scheme can see the offender paying for the property damages themselves.
• Restorative Justice Council

  An independent body whose role is to establish clear standards for the use of restorative justice and to support survivors and specialist professionals in the field.
• Use of the Restorative Justice Council

  The RJC advocates for the use of restorative practice beyond dealing with crime. It can be used in preventing and managing conflict in many areas including schools, children's services, workplaces, hospitals etc.
• Needs of the survivor - Shapland (2008) (Strength)


  -Reported the results of a major 7 year research project. 85% of survivors reported satisfaction with the process of meeting their offender face-to-face and 78% would recommend it to other people.

  -About 60% of survivors felt the process had made them feel better about the incident - enabling them to feel closure and move on.

  -Only 2% said it had made them feel worse.

  This is a strength because it shows that restorative justice helps people cope with the aftermath of the crime.
• Contradictory evidence - Wood and Suzuki (2016) (Limitation)


  Argue that restorative processes are not as survivor-focused as often reported in satisfaction surveys. Restorative justice can become distorted, such as when survivors of crime are 'used' as a way of helping to rehabilitate offenders rather than being helped themselves.

  This is a limitation as it suggests the needs of the survivor may be secondary to the need to rehabilitate offenders.
• Recidivism - Strang (2013) (Strength)


  Did a meta-analysis of 10 studies and compared offenders who experienced face-to-face restorative justice schemes with those who experienced custodial sentencing. The restorative justice group were significantly less likely to reoffend.

  This is a strength as it suggests restorative justice has a positive impact on reoffending.
• Abusing the system (Limitation)

  The success of restorative justice programmes may hinge on an offender's intentions of being honourable - whether they genuinely regret their actions and want to help the survivor. Van Gijseghem (2003) suggests that offenders may use restorative justice for all kinds of reasons: avoiding punishment, playing down their faults, taking pride in the relationship with the survivor.

  This is a limitation as it explains why not all offenders benefit from restorative justice and go on to reoffend.