RESTORATIVE JUSTICE AO1

• One method of modifying criminal behaviour is Restorative Justice (RJ). Restorative justice usually (but not always) involves communication with the victim. An offender may simply give payments as reparation (no communication) but, more often, an offender may write a letter to a victim or there may be an interaction between offender and victim, for example video conferencing or a face-to face meeting between victim and offender in the presence of an impartial facilitator. Offenders are often offered restorative justice as an alternative to a prison sentence if the victim has agreed.
• Restorative justice


  A means of reconnecting offenders and their victims in a way that actively seeks to redress the balance of harm
• Restorative justice reflects more recognition of the neglected rights and needs of the victim
• Restorative justice


  • Has the potential to address two key aims of custodial sentencing: the rehabilitation of offenders so they do not reoffend and atonement for wrongdoing
• Rehabilitation of offenders


  1. Victim has an opportunity to explain the real impact of the crime

  2. Offender understands the impact on the victim

  3. Offender learns to take the perspective of others

  4. Offender is encouraged to take responsibility for the crime
• Being punished is a passive process but restorative justice requires the criminal's active participation which may therefore change their attitudes towards crime and their behaviour
• Atonement for wrongdoing


  1. Offenders may offer concrete compensation for the crime - money or doing unpaid community work

  2. Offender shows their feelings of guilt

  3. Offender shows an understanding of the effects of their actions
• The victim has the opportunity to express their distress, and this provides the offender with a chance to develop empathy by taking the perspective of the victim
• Restorative justice (from victim's perspective)

  • Can reduce their sense of victimisation because they are no longer powerless and have a voice
  • May develop a greater understanding of the offender by listening to their account which, in turn, reduces the victim's sense of being harmed
• Restorative justice process


  1. Initial meeting - Trained officials invite victim and offender to participate

  2. Process and purpose clearly explained

  3. Process can go ahead if both sides are in full agreement and voluntarily enter

  4. Meeting set up, often at police station or where offender is held in custody

  5. Restorative justice conference - Both sides bring supportive people
• Face-to-face restorative justice has to be managed sensitively as there is a potential for harm to both the victim and offender
• Meeting face-to-face with the person against whom they have committed a crime could be potentially humiliating for the offender if not handled correctly, which would be counterproductive
• Structure of the restorative justice interview

  1. Introduction from both sides

  2. Person managing the conference sets the agenda

  3. Asking the offender about the crime and what they think about it

  4. Offender often apologises and offers ways to make amends

  5. Supporters and family members asked about the offence and impact

  6. Victim invited to talk about the offence and explain impact

  7. Victim given chance to have harm acknowledged

  8. Supporters of victim talk about impact

  9. Victim often less interested in apologies than explanations

  10. Victim wonders if they were selected randomly or opportunistically

  11. Victim wants offender to not commit same offence again

  12. Outcomes discussed, e.g. offender undertaking drug rehabilitation

  13. Contract agreed and signed by both parties
• The person managing the conference does not take a lead role but sets the agenda for the meeting
• Victims are often less interested in apologies


  More interested in explanations
• Victims wonder if 'whatever they did' to cause them to be a victim


  Is something the offender will do again
• If the selection of the victim was purely opportunistic or random


  This can help the victim overcome fear of being victims of similar crimes in the future
• If there are factors that could help explain the crime, such as drug abuse or alcoholism


  One of the outcomes of the conference might be that the offender agrees to undertake a drug rehabilitation programme as part of their making amends