Resolution 35 - News from the Restorative Justice Consortium (Spring 2010)


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Contents include: Standards and Accreditation in Restorative Practice, Mary's Story, AIM Practice Guidance in Restorative Approaches to Sexually Harmful Behaviour, New Zealand's Restorative Journey from Criminal Justice to Education, Getting Qualified in Restorative Practice and What Have I Done? Victim Empathy and Restorative Processes

Restorative Justice gives victims the chance to tell offenders the real impact of their crime, to get answers to their questions and to receive an apology. It gives the offenders the chance to understand the real impact of what they’ve done and to do something to repair the harm. Restorative Justice holds offenders to account for what they have done, personally and directly, and helps victims to get on with their lives.

Restorative Justice or 'restorative practice' is also being used successfully outside the Criminal Justice System, for example, in schools, workplaces, care homes, health services and communities.

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Resolution 35 - News from the Restorative Justice Consortium (Spring 2010)

  1. 1. Spring 2010 Resolution 35 News from the Restorative Justice Consortium Getting Qualified in Restorative Practice New Zealand’s Restorative Journey Victim Empathy and Restorative Processes Company number: 4199237 Charity number: 1097969
  2. 2. 02 Director’s Introduction Contents W elcome to the Spring Edition of Resolution. OCJR has also commissioned RJC to undertake a review and re-publication of the 2004 Home Office Best Practice Guidance 02 Director’s Introduction for Restorative Practitioners in the light of To coincide with our April 20th recent developments in practice and Practitioners Day in Birmingham, this issue 03 News in Brief research developments. While we believe that of Resolution focuses on practice issues. the Best Practice Guidance remains the Throughout 2009 we worked closely with sound foundation of good practice, and the Skills for Justice on the development of new 04 The RJC’s Standards & source document for the new NOS, the huge National Occupational Standards (NOS) in Accreditation Board spread of restorative practices (particularly Restorative Practice. The new NOS are in schools, care homes and in policing) and about to be published and this year’s 05 Interview with Lawrence the publication of new research evidence Practitioners’ Network Day is set up to Kershen QC, RJC Chair since 2004 means a review can ensure that enable all those working in the field to the guidance fully reflects both practice and understand the new standards and how to 06 Mary’s Story research developments. We look forward to work with them. Along with the usual mix of working with OCJR, with our members and opportunities to network and learn from 07 Readers’ Corner Review partners, and with the research experts on each other, delegates will have a new this review during 2010. opportunity to bring their own practice 08 New Zealand’s Restorative issues or concerns to a senior practitioner. Journey The RJC was founded as a consortium of The full programme is available on the RJC organisations interested in and supportive of website 10 Getting Qualified in Restorative Justice. Since then we have Restorative Pracitce brought the field together, led work on Building on the National Occupational standards and accreditation, and become Standards, Skills for Justice will be piloting 11 What Have I Done? Victim the national voice for restorative practice. a new Development Award in Restorative Empathy and Restorative Processes The Board has therefore decided we need a Practice during 2010. On page ten Linda new name, building on the strength of our Millington explains more about the existing brand and role, but making it clear qualification, the pilot and the evaluation. 12 Events and Vacancies we are more than a consortium of For organisations and individuals who want organisations. The RJC will become the to know more an information workshop will Restorative Justice Council this year,, be held in London on 1st April, and a further Editor’s note workshop will form part of the RJC building three key areas of work: professional (ensuring quality); public (the Practitioners Day in Birmingham on 20th Resolution is here to reflect national voice); and practice (through April. restorative practice in all its forms. consultancy, enabling restorative services to Please get in touch if you would like to grow). The new name, logo and branding Building on our track record in relation to submit an article, have suggestions for will be launched later this year. Our thanks standards and accreditation, we are a feature, ideas for what you would to all our funders, members and supporters delighted that the Office for Criminal Justice like covered, news of an event or would who have made this work possible. Reform (OCJR) has funded the RJC to take simply like to share an experience with forward work to lay the foundations for other readers. future expansion of restorative justice with quality assurance. Chris Igoe, Editor. E: First, OCJR have funded the RJC to work as a partner in the Skills for Justice Resolution is the quarterly qualification pilot. Through this work RJC newsletter of the: will help make sure that practitioners from a Restorative Justice Consortium wide range of backgrounds and across the Beacon House, 113 Kingsway country can take part, to ensure that the London, WC2B 6PP. qualification will work for the whole field of restorative practice. This funding will also T: 020 7831 5700. enable the RJC to develop the first ever E: national register of accredited practitioners, W: following on from the pilot. Company number: 4199237. Charity number: 1097969. OCJR have also provided funding to enable Lizzie Nelson us to provide secretariat support to the ©2010 RJC. Not to be reproduced Director RJC Standards and Accreditation Board without permission. Restorative Justice Consortium (SAB) (see Les Davey’s article on the SAB on page four), and matched funding The articles in this newsletter towards redevelopment of the RJC express the personal views of the website. The RJC website is the largest e- With great regret, Deborah Ginns has had to authors and do not necessarily resource on RJ in Europe, but needs re- withdraw from her post as Co-Director due reflect the views of the RJC. designing to make it a great resource for to unforeseen personal circumstances. We all our stakeholders. We need to know what want to thank Deborah for all the ideas and The image on the front cover is you want from a new website, so if you have creativity Deborah contributed in her short © ideas please let me know by emailing time with RJC, and wish her all the very best for the future.
  3. 3. 03 News In Brief Alan Duncan MP supports RJC builds public awareness Matrix economic analysis puts “the miracle of Restorative of Restorative Justice Restorative Justice benefit to Justice” at RJC conference RJC worked closely with the producers society at over £1billion Speaking at the RJC’s Restorative of the ITV Tonight programme Independent expert analysis of the Justice and the Law conference, “Facing the Enemy”. The programme economic benefits of Restorative interviewed victims and offenders who Justice has revealed that Restorative Shadow Minister for Prisons Alan had participated in Restorative Justice would be likely to lead to a net Duncan MP pledged to “urgently Justice, and asked the question why, benefit of over £1billion over ten investigate what legislation or despite very strong research evidence, years. The report concludes that Ministerial edict might be necessary the Government has not invested diverting young offenders from to see RJ implemented on a further in Restorative Justice? community orders to a pre-court nationwide basis.” Restorative Justice conferencing David Howarth MP, Shadow Justice scheme would produce a saving to RJC member Marian Liebmann Minister for the Liberal Democrats, society of almost £275 million over advised producers and actors of “After the lifetime of offenders (£7,050 per told delegates that “Restorative the Accident” which was broadcast on offender). The cost of implementing Justice is the future of our criminal Radio 4 Friday 26th February. the scheme would be paid back in the justice system”. first year and during the course of two A copy of the speeches and all the RJC Trustee Wendy Freshman and parliaments (10 years) society would day’s presentation slides and RJC members Kent Police supported benefit by over £1billion. materials are available at the BBC in their coverage of the expansion of Restorative Justice in Restorative Justice produced the Kent. A highlight of this work was the greatest benefit to society of all the Daily Mail Online supports RJ BBC interview with Kathy Key who schemes considered in the analysis. met the man responsible for the death The full report ‘Economic analysis of “It not only gives victims the chance interventions for young adult to move on by speaking to the offender of her daughter. offenders’ is available on the RJC about the incident and why it New Crown Prosecution website. happened, but also encourages /?Restorative_Justice:RJ_Works offenders to face up to their actions by Service guidance on use of RJ hearing how their behaviour affected The Crown Prosecution Service has another person's life.” So says the revised it’s Code for Crown About Us Daily Mail in their online report of Prosecutors and issued new Director’s Restorative Justice empowers the Zoe Harrison’s meeting with Aaron Guidance on Conditional Cautioning people most affected by crime and Burns - the violent offender who for adults and young people. conflict to deal with its effects. mugged her. Zoe said “He has offended so much he needs someone to Conditional cautions are now available Restorative Justice can give victims the tell him the effect his actions have had for both adults and young people. The chance to tell offenders the real impact decision whether to use a conditional of their crime, to get answers, receive an on someone like me. There could have apology and move on with their lives. It been no one better to tell it to him.” caution rests with the prosecution holds offenders to account whilst giving service. In selecting which conditions them the chance to understand the real Success for restorative should form part of the caution, The impact of what they’ve done and to do policing awareness event Director’s Guidance gives priority to something to repair the harm. Greater Manchester Police (GMP) reparative conditions including a Restorative principles are also being hosted an event on the 26th Feb to written apology and Restorative used successfully outside the Criminal raise awareness of restorative Justice. Justice System, for example, in schools, workplaces, care homes, health services policing. GMP held the event ahead of The guidance goes on to state that and communities, often without the a pilot of restorative justice in two “Restorative justice processes can be labels of victim and offender being divisions in May. The hope is for RJ to used as a condition of the caution if necessary. be rolled out across Manchester by the both victim and offender consent to end of the year for low level, first time The Restorative Justice Consortium is this. Alternatively, they can be used as the national voice for Restorative offenders with expansion of the use of the decision-making process whereby Justice. We provide information about RJ as experience and skills are conditions, such as compensation, Restorative Justice to the public, developed within the force. rehabilitative activities, or other kinds support and resource our members who of reparation, are agreed.” deliver Restorative Justice and promote The event prompted supportive media the development and use of restorative coverage on GMTV and the Detailed information is available at practices and approaches. Manchester Evening News.
  4. 4. 04 The RJC Standards and Accreditation Board The final report of the RJC range of experience, skills and attributes 3. Review the Trainers Voluntary Code of Accreditation Project was presented to offered for this work, but wanting to keep Practice, and develop a Practitioner the RJC AGM in October 2009 by the SAB itself to an operating number of Code of Practice. As part of this independent consultants John Pepin 12, we decided to create an ‘Advisory workstream, the SAB will review the Associates (JPA). One of their key Group’. The Advisory Group will receive existing Voluntary Code for Trainers and recommendations was that the RJC SAB documents and minutes as agreed make recommendations to the RJC establish a Board, working to the overall by the board for comment, to ensure their Board on how this should be Board of the RJC, to take forward the skills and experience are also fed in to strengthened, and recommend policy on work on standards and accreditation. SAB thinking, but will not attend whether the RJC should accredit trainers meetings or have a vote. As with the or badge training providers. This Les Davey, CEO of the International board, although we currently have 10 on workstream will also develop a Voluntary Institute for Restorative Practices UK the ‘Advisory Group’, we may add more Code of Practice for Practitioners, to Office (IIRP UK), a member of the RJC members up to a maximum of 12. ensure non-accredited practitioners can Board of Trustees since November 2008, join the new national register as associate agreed to be the Chair of the new The Standards and Accreditation Board members, whilst working towards an ‘Standards and Accreditation Board’ (SAB) held its inaugural meeting in accreditation. (SAB). Les was influential in the December 2009 and will meet quarterly, development of the Home Office's Best with further work to be done via email 4. Work to develop internal policies for Practice Guidance, as well as the original and phone in between. At the Inaugural the SAB, including clear policies on 2006 and new 2009 National meeting five workstreams were identified conflict of interest, and terms of Occupation Standards for Restorative for the SAB workprogramme during reference for both the SAB and the Practice. 2010/11. These will be taken forward by Advisory Panel. SAB members in between meetings. Debra Clothier (Nacro) agreed to take on 5. Finally to ensure that the SAB is the role of SAB Vice-Chair. Debra The workstreams are: advising the RJC in all our work on managed the Nacro Restorative Justice standards and accreditation, the fifth pilots in Hampshire before joining the 1. Support Skills for Justice’s pilot of a workstream is about the SAB supporting RJC as Chief Executive between 2002 new Continuing Professional RJC staff in their work in relation to and 2006. Debra is a trained victim- Development Award, based on the new professional standards and support for offender mediator and rejoined Nacro in National Occupational Standards. The practitioners – including advising and 2006 as National Policy Development role of the SAB will be to help to find supporting the development of the Manager. In her role with the SAB Debra partner agencies for the pilot, and to Practitioners’ Network Day. will work with Les driving forward the ensure through the evaluation that the SAB’s work programme and monitoring award is as suitable and accessible to So as can be seen, the Standards and progress on agreed action points. practitioners as possible. At the same Accreditation Board has really hit the time, the SAB members involved in this ground running and is already making a We had a fantastic response from our workstream will help the RJC to create a good start on turning the members following the call for applicants National Register of Accredited recommendations of the JPA report to join the Board (SAB), with more than Practitioners, to follow on directly from into practical actions and reality. We are enough suitable applicants to make up a the pilot. really excited about this new strong and representative board. The programme of work for the RJC and feel SAB is made up of people representing 2. Develop policy on which awards confident that at long last our members the diverse range of stakeholders with an (including the Continuing Professional have a body with a realistic prospect of interest in standards and accreditation of Development Award mentioned above) shaping, implementing and supporting restorative practice, including the RJC should badge with RJC support. various types of accreditation based practitioners, trainers, managers and This process will include reviewing all the upon sound and recognised Standards commissioners of restorative practice. awards available to the field at present, for Practice. including Higher Education Awards, and In view of the number of suitable developing advice to practitioners on Les Davey applicants, rather than lose the wide which awards the RJC would endorse. Chair, RJC Standards and Accreditation Board. Pictured from left to right: Les Davey, Chair Chair SAB, and former RJC CEO; Ben Lyon, SAB, RJC Trustee; Debra Clothier, Vice SAB board member, and RJC Trustee.
  5. 5. 05 Interview with Lawrence Kershen QC, RJC Chair continue the cycle only in a harsher and other forms of dispute resolution by form. dialogue, like restorative practices, share common objectives and principles It seemed to me that these youths had and similar process management skills. themselves been brutalised and their ability to empathise numbed by the You’ve been a Trustee of the RJC for a force of circumstance, so they were cut number of years – what’s your vision off from the impact of their actions on for the organisation now you’re taking others. To interrupt that cycle, to over the Chair of the Board? maybe awaken some awareness of the consequences of their actions, there The RJC has led the field and the needed to be a dialogue between those restorative justice movement for 13 ladies and these kids, so that they years. We’ve become the national could share their stories and voice for Restorative Justice and understand one another. But I knew of practices, bringing everyone together no such process. With a heavy heart I and helping our members through did what I had to and passed custodial events and support, and we’ve worked sentences. to develop standards and accreditation for the field. I feel we’ve Not long afterwards I went to an RJC out-grown our original role as a talk by Howard Zehr, discovered there network and a consortium of RJC: As a QC, what got you interested was something called Restorative organisations. With this in mind the in restorative practices? Justice – and I was off! Board has taken the decision to re- name the organisation the Restorative LK: My practice included a lot of What was it about Zehr’s talk that Justice Council. This new name makes criminal defence work, and I saw at convinced you Restorative Justice clear that quality assurance is at the first-hand individuals who had fallen could break that cycle? heart of the organisation, through our foul of the law, and what had led them work on standards and accreditation. to that point. It seemed that we were RJ seemed to offer processes where The name also keeps close to our putting huge resources into trying the victims could speak freely about their existing name and our USP as the issue of guilt, but very little into experiences, and ask the offender all national voice for the sector. For me, dealing with the underlying behaviours their unanswered questions. And the justice has never been just about and consequences of the offence. offender could hear and see the effects criminal justice, but about wider social of what he had done, and perhaps also justice. The Restorative Justice But sitting as a Recorder in the Crown tell his story. Inherent in it was the Council will continue to represent the Court it became painfully obvious that possibility of transforming both whole field of restorative practice – in those affected by crime had no parties’ perceptions of what had taken schools, workplaces, in the community opportunity to talk about the place. I also took away a vision of a as our original charitable aims make consequences of the crime, let alone justice system in which in Zehr’s clear –and I want to make sure that confront the wrongdoer (except by words “crime harms, justice heals”. I all our branding around the new name looking daggers at the dock). If the joined the RJC that day, and have reflects the breadth of our vision. My overall goal of the Criminal Justice since worked on a voluntary basis to key priorities as Chair will be to System was to reduce crime and make help to bring RJ into the mainstream. strengthen the Board of the us safer, it wasn’t doing what it was Restorative Justice Council so that we supposed to. Tell us about your work as a can build a strong and financially commercial mediator. secure organisation, support our In one case I remember in particular, excellent and committed staff, and four under-21 year olds were to be Since being accredited by CEDR deliver excellent services to all our sentenced for a serious knife-point London, in 1994, I have mediated in a stakeholders, using the resources given robbery of a travel agency where two wide range of civil and commercial us by our funders and members to older ladies were working. Given their disputes, but also non-business areas greatest effect – to work towards our ages, roles, pleas and records, the including charities, faith communities, vision of making restorative practices sentencing was a minefield. Custody neighbours and cases involving the available to all. seemed inevitable. But as the police. By 1999 I stopped practice at mitigation unfolded each had a more the Bar to work exclusively in Lawrence Kershen QC became Chair tragic history than the one before – of mediation. I also train in mediation and of the RJC in March 2010. Our abandonment, abuse, delinquency and negotiation skills, both in the UK and thanks to Peter Patrick, Chair of punishment. And here I was, about to abroad. It seems to me that mediation RJC, 2007-10.
  6. 6. 06 Mary’s Story Mary Foley - Copyright The Forgiveness Project © In 2005 Mary Foley’s 15-year-old said, “but we couldn’t save her.” with two knives - all hyped up, smoking daughter, Charlotte, was murdered weed and ready to do damage. during a 16th birthday party in East I didn’t know what to do. I immediately Unfortunately it was Charlotte that felt London. In February 2006 18-year-old went hot. I walked up and down the corridor Beatriz’s wrath. Beatriz Martins- Paes was jailed for of the hospital. I couldn’t believe it. For the life for the unprovoked attack. A year days that followed I couldn’t function. For the first few days I didn’t think about later Mary received a letter from her. People came to the house but I felt forgiveness. I just thought about my baby, paralysed. I wasn’t sure any of it was real. Charlotte, not knowing she was going to be It was in the early hours of Sunday stabbed that night, and me not being there morning that the Police rang to tell me Finally, after two weeks, it sunk in that to hold her in my arms. It was very hard to Charlotte had been stabbed. It was like Charlotte didn’t just die, she had been swallow. I had so much hope for Charlotte. being catapulted into this different world murdered by Beatriz who was also at the She was growing up into a beautiful young – but still death was the last thing on my party. But then I began hearing rumours lady who wanted to be a social worker to mind. Even at the hospital, when I saw all that it was another girl’s fault – a girl work with young people. All her future these young people distraught and who was supposed to have been at the promise was stolen from her and me. sobbing, it still didn’t sink in. It was only party but never turned up. This girl had an when three doctors came into the room ongoing feud with Beatriz and had made Two weeks after Charlotte’s death, that I knew something terrible had arrangements with Beatriz to have it out through a lot of prayers and holding onto happened: “I’m so sorry, Mrs Foley,” one at the party. So Beatriz had come armed my faith in Jesus Christ as my comforter
  7. 7. 07 and with the help of my husband, God me and I also think it would help her find her killer” - I’m sure that’s what they gave me the grace and strength to closure. She’ll be in her thirties when she think at times, and I understand that, forgive. I didn’t say anything to my finally gets out and I’d love her to have a because some people are disgusted by the husband or my family at that time great career, a positive mind-set and most very idea of forgiveness. It can seem like because I felt they may not have of all value her life and other people’s lives. an act of betrayal. But, on the contrary, understood. When I eventually told my it’s an act of freedom. husband, he said, “I’m going to get there Some people tell me I’m brave and strong too one day”. But for myself I knew that - but others don’t say much. Although no Story and photo provided courtesy of The if I didn’t forgive, anger and bitterness one has come up to me and said: “You Forgiveness Project would turn me into a person Charlotte can’t have loved your daughter to forgive would not have liked, or my family and friends for that fact. “I knew that if I didn’t Readers’ Corner Review forgive, anger and AIM - Practice Guidance in Restorative bitterness would turn me Approaches to Sexually Harmful Behaviour The Aim Project leads the field in into a person Charlotte restorative approaches to child and would not have liked.” adolescent sexually harmful behaviour (SHB). The project is At first forgiveness was about freeing based in Manchester and managed by me, because without forgiveness I felt I Vince Mercer. He has prepared three would have ended up a prisoner. I didn’t sets of practice guidance*, targeted think much about the perpetrator. It was specifically at victim contact only in court, when I heard about the workers, referral order workers and physical domestic abuse Beatriz’s restorative approaches to SHB mother encountered and Beatriz herself generally. being exposed to that violent background that I started to feel some compassion AIM has developed a specialist a service a capable as AIM? If not are for her and understood why she may assessment process that builds upon and these guidance notes alone sufficient to have done what she did. But, there is no acknowledges the Home Office Best undertake this type of serious and excuse for her, because she still had a Practice Guidelines.** It is both complex casework? This area of choice and she alone made that choice. comprehensive and sensitive towards the restorative practice is for the participants and their special experienced and well trained. However, Forgiveness relieved me of a burden I vulnerability. It addresses not only the the wise YOT worker or manager will risks but the opportunities too; and is have a set of these guidelines on the shelf, didn’t want to carry. It allowed me to notable for its underlying “cause no ready to hand. use what had happened to Charlotte as harm” theme. There is no insistence on a way to educate young people of the any one process and a degree of flexibility Ben Lyon consequences of carrying a knife for to match the needs of each case. RJ Practitioner, Register of Restorative protection. Practitioners & RJC Trustee. Experienced restorative practitioners will Some months after the trial, Beatrix recognise many of the issues raised, for This trilogy of guidance is available wrote to me saying she was very sorry they are present in so many serious cases. through the AIM Project website and that she didn’t mean to kill They will learn from them too. I for £70 + p&p particularly valued Vince’s work on the or £30 +p&p for each booklet Charlotte. She said it had been a complexities of denial, shame, forgiveness individually. moment of madness. I was pleased to and redemption. It is amazing that we get the letter and wrote back telling her still pay homage to simplistic overseas *Restorative Justice & Sexually Harmful I’d forgiven her. Later she sent a 14- models of RP when such advanced Behaviour; Referral Orders & Sexually page letter with more detail about her restorative practice as this has developed Harmful Behaviour; Victim Contact & life and asking me about Charlotte. I within our own community. Sexually Harmful Behaviour. was struck that both these girls had The AIM Project, shared a couple of the same insecurities. This guidance does raise some concern. So I wrote back again – this time telling Youth Offending Teams have to deal with **Best Practice Guidance for Restorative SHB offences, yet do they have access to Practitioners and their Managers ( Home Office). her all about my beautiful daughter. It was nearly a year before the next letter came and this one was different. In it Beatriz said that I was the only person who could help her. It was a real cry for help – a desperate letter. She’s obviously carrying so much pain and guilt. I now feel ready to meet Beatriz. It would help
  8. 8. 08 New Zealand’s Restorative Journey introduced a philosophical sea change The Origins of Restorative Justice in in the youth justice system. Prior to this the Adult Court many youth offenders were sent to child welfare institutions, or in serious cases, The absence of legislative backing for detention centres, borstals or restorative justice in adult courts did corrective training institutions. The not deter proponents of the idea from failure of this system to prevent re- using restorative processes in the adult offending, and other factors, such as setting. From 1995, adult courts began concern for children’s rights, evidence accepting restorative justice conference of the negative impact of recommendations, which started institutionalism on children, and the filtering through on an ad hoc basis. The failure of the criminal justice system to conferences themselves were delivered take account of issues for victims through community groups with influenced calls for change. support by the local judiciary. The procedure now followed in respect In 1998 in a Court of Appeal case (R New Zealand is a world leader in of youth offenders is is explained by His v Clotworthy) it was decided that adopting restorative justice practices in Honour Judge F.W.M. McElrea: restorative justice processes should the youth justice system. The Children, be taken into account when Young Persons and their Families Act “A typical restorative justice sentencing that they can have an 1989 heralded the introduction of the conference involves the prior admission impact on the length of sentences to “Family Group Conference” (FGC). of responsibility by the offender, the be imposed. Recently, educators have started voluntary attendance of all applying the principles of restorative participants and the assistance of a After the 1999 election, the new justice to the disciplinary procedures neutral person as facilitator. The Labour government committed itself to adopted in schools. This article outlines outcome of the conference is the a reform of sentencing practice and the restorative justice system in New drawing up of a plan to address the policy, which in 2002 saw the Zealand, before considering the wrong done, and an agreement as to enactment of the Sentencing Act and congruity of these ideas in the school how that plan will be implemented and Victims Rights Act. Basic provisions in system. monitored. The court is usually, but not the Sentencing Act include that in necessarily, involved. sentencing or otherwise dealing with an Restorative Justice in New Zealand offender, the court must take into Courts About one-third of conferences are not account any outcomes of restorative directed by the court but are justice processes that have occurred, or It has been noted that New Zealand diversionary conferences, initiated and that the court is satisfied are likely to may be particularly open to the attended, but not run, by the police. If occur, in relation to the particular case. principle of restorative justice because agreement can be reached as to an Similarly, the court must take into the indigenous Mäori population had a outcome that does not involve the account any agreement, response or well developed system of custom and laying of charges, then no charges are measure to make amends. practice that ensured the stability of laid, so long as the outcome is their societies, one which had much in implemented.” There are also provisions in the Victims common with the restorative Rights Act 2002 supporting restorative philosophy. When someone offended, The youth court usually accepts such practices, in particular that an officer the voices of all parties could be heard plans, recognising that the Act places of the court should encourage a through a system of family and tribal the primary power of disposition with suitable person to arrange and meetings and decisions arrived at by the FGC. However, in serious cases, the facilitate a meeting between a victim consensus. Steps were then taken to court can use a wide range of court- and an offender to resolve issues restore the future social order of the imposed sanctions relating to the offence. wider community. Retribution against an individual offender was not seen as The key restorative device is the FGC. In the adult criminal justice system the primary mechanism for achieving The FGC is mandatory for virtually all restorative justice can occur: justice. youth offender cases and the FGC, not the court, determines the manner in • as part of the Police Adult Diversion Restorative Justice in the Youth Court which the offending should be process - restorative justice used in this addressed. Full decision-making power way provides a more meaningful The enactment of the Children, Young is therefore devolved to the community intervention for an offender with better Persons and their Families Act 1989 in which the offending took place. prospects for rehabilitation.
  9. 9. 09 from Criminal Justice to Education • pre-sentence - following a guilty plea offender rather than looking at, and discuss specific conflicts as they arise the most common process is for a addressing, the cause of the offending. and how members of the class should restorative justice conference to be held approach potential conflict situations to inform sentencing. The purpose of If we measure success as preventing before they happen. the restorative justice report is not to further offending, both systems have make sentencing recommendations but traditionally been found lacking. After The restorative thinking room is a room to set out agreements as information being punished the offender is likely to set aside for students who have become for a Judge; the Judge is required to return to life in the respective involved in a conflict situation and who take the outcome of the process into community so it is important to think may need time away from peers to account along with any other reports. about the condition in which that regain their composure and work with a person will return. In the school setting, staff member through several • post-sentence - a more recent the final consequences; suspensions and restorative questions. development in the general field of exclusions; prevent the offender restorative justice has been its use as receiving an education, although A restorative mini conference is held for part of the parole system for involvement in education is crime- more serious conflict situations. It prisoners. The Parole Board is now prevention at its best. includes the victim, the offender, a staff obliged to “take into account” the member and perhaps one other outcome of any restorative justice Both systems have tended to neglect the individual and can be quickly arranged conference or process. This way of victims of the offending, both in and held. working does achieve better outcomes addressing the harm caused to them for victims and a common experience and in giving them a voice in The full restorative conference is has been that victims are often more determining the way in which the wrong loosely based on the youth justice generous and forgiving than expected. can be righted. family group conference and is used for the most serious of conflict issues. It Such perceived shortcomings have includes a larger number of Restorative Justice in Education influenced the adoption of restorative participants and can take several justice practices in New Zealand’s hours. The differences between youth justice criminal court systems. Since the same and adult justice in delivery of shortcomings can be identified in the As in the court system, restorative restorative justice processes present education setting, it was inevitable that justice conferences are being used in two potential models for reform. The restorative justice practices be the school setting in different ways: main difference is that the FGC is extended into the school setting. mandatory for virtually all youth As a diversionary procedure in suitable offenders, while uptake in the adult The New Zealand experience of cases prior to, and as an alternative to, setting is much more sporadic, Restorative Justice in Schools a formal disciplinary investigation depending as it does on the agreement being launched. of all involved for it to occur. Restorative justice conferencing, based on the FGC concept, was formally As a procedure to be used to determine Historically, there are clear similarities introduced in the late 1990’s, initially a suitable sentence/punishment/plan between the ways behaviour in the into five schools. Suspension in those Following the example of the Youth wider community and in the school schools went down. Court, a school could conduct its usual community have been regulated. investigations in order to be satisfied School disciplinary procedures were In 2005 a report on the experiences of that the conduct occurred, but then similar to the procedure traditionally 15 schools which were using restorative have a restorative justice conference followed by courts, both in the way practices described five common with power to decide disposition. responsibility was established and in restorative practice methods: the way consequences were visited The final and full vision of restorative upon those found guilty. The restorative chat is a one on one justice in schools envisages a fully private conversation between staff and restorative approach to the entire way The main similarity has been the belief student where an issue is discussed the school orders itself in all its that a tariff-based deterrent sentence using a series of questions based on a relationships and every aspect of its has been considered necessary to restorative approach that aims to functioning; thus becoming a fully prevent future offending by the culprit explore the events, their consequences restorative therapeutic learning and others in the respective and how any harm can be repaired. community. communities. The focus in both arenas has therefore traditionally been on The restorative classroom is an open Judge David J Carruthers, Chairman of finding a suitable punishment for the dialogue held within the classroom to the New Zealand Parole Board.
  10. 10. 10 Getting Qualified in Restorative Practice Skills for Justice is pleased to announce the launch of a programme to pilot a new qualification in restorative practice. We will be working in partnership with the Restorative Justice Consortium (RJC) and the Office for Criminal Justice Reform (OCJR) to offer this exciting opportunity for practitioners to gain formal recognition for their skills in restorative practice. The new qualification will be suitable for practitioners based in England, Wales and Northern Ireland and approved onto the Qualifications and Credit • Maintain quality assurance of restorative restorative processes to their best Framework, making it a nationally processes effect. Your organisation will be able to recognised qualification. In 2009 Skills develop and retain a highly skilled and for Justice carried out a consultation on The qualification is not a training motivated workforce as well as have the both the structure of the qualification programme but a competence based opportunity to value the contribution of and the national occupational standards qualification. This means it will be volunteers. The qualification can which underpin the qualification. This assessed on what you do on a day-to- become part of your organisation’s means we have a qualification which is day basis rather than sitting any exams. learning and development strategy. based on best practice, is up-to-date and The qualification will also take into fit for purpose. account any relevant training that you Next steps have recently undertaken. We are now looking for people to take Funding has been secured from both part in the pilot, both volunteers and paid the OCJR and the Children’s Workforce Who is the qualification suitable for? workers. We will also need assessors Development Council. We have been The qualification has been designed with and/or expertise witnesses to help with very grateful for the advice and a wide range of restorative practitioners the assessment of the qualification. guidance we have received from in mind, including both paid and unpaid Ideally the assessors and expert Norfolk Constabulary and the workers. These include police, youth witnesses should be based in the same Association of Panel Members on offending teams, community based organisation as the people taking the setting up the pilot. teams, schools, prisons, health services, qualification, and have a background in and care homes. restorative practice. You may already be What will the qualification look like? an assessor or willing to train as assessor What’s in it for me? The qualification will be made up of as part of your career development. five units, four of which are mandatory Both the pilot and the award will provide and one optional unit (Please note that you with an opportunity to build on your What to find out more? unit titles are subject to confirmation). professional training with a qualification Please come along to our information in restorative practice. You will have the workshop on Thursday 1 April at The mandatory units are: chance to achieve a nationally Euston House Training, Meeting and • Assess the circumstances of an accredited qualification which links to incident towards identifying a Conference Venue, 11.00 to 14.00. the Best Practice Guidance for restorative response Restorative Practitioners (2004). It will To register for the workshop, or find • Prepare participants and agree an also give you the opportunity to meet out more about the pilot, please appropriate restorative process and share good practice with others who contact Linda Millington at • Facilitate participants’ interaction within a restorative process work in a range of restorative practice or • Evaluate the outcomes from a restorative settings.Through the RJC, it will also on 07795 815781. process give you full membership of the first national register of accredited RJC will also be running a workshop at The optional units are: practitioners. the Annual RJC Annual Practitioners • Co-working the restorative process Day on Tuesday 20 April at the • Implement and monitor agreed outcomes Why should my organisation take part Birmingham and Midland Institute from a restorative process in this programme? Birmingham. Contact the RJC office on • Facilitate informal restorative processes 020 7831 5700 to book your place. Taking part will mean that your • Provide expert advice on restorative practice organisation can have confidence that • Contribute to the promotion of both you and your colleagues have the restorative practice right skills and knowledge to use
  11. 11. 11 What Have I Done? Victim Empathy and Restorative Processes I read a quote recently along the lines hitting someone ever again and put the proofs, we were really starting to think… that ‘the finest human quality is the ability incident behind you & live a better life. Key what have we done? to see the effect of one’s actions on lessons from running the groups were the We are absolutely clear that victim empathy others’. I clearly remember as a teenager need for persistence and patience, the work cannot be considered a restorative the penny dropping that my actions benefit of using a variety of approaches, and process in itself, and is not to be used as an actually affected other people. Before the need for the flexibility to drop an alternative to a restorative process (which that I was in such a self-centred bubble exercise and move on, or continue for longer involves some level of communication that I could only think of myself. It’s if things were going well. between those harmed and those who caused interesting to consider whether this One thing quickly became clear – the fact the harm). Rather it can be useful realisation (which I think some people that the young people were experts at preparation for young people who may need never reach) can be encouraged and shifting the blame, making excuses and to think a little deeper about what they have developed, and whether a victim minimising their offences. This is hardly done before being ready to engage, or for empathy/awareness course can help that surprising, and in fact we all make excuses those who are denied the opportunity for a process along. in our lives, as a way to keep up our self restorative process, for example because the esteem and maintain a sense of worth. In people they hurt can’t be traced or don’t About three years ago I and a group of the group this was a tricky area, particularly wish to be involved. The course has been practitioners at Oxfordshire Youth as a significant number of offences of designed to reflect the restorative stages, Offending Service (YOS) set up a violence have some element of disputed or from telling the story, to considering the groupwork programme for young people shared harm, and offences committed in a impact on the person who was hurt, the who had committed violent offences which group allow each person to shift ripple effect and finally what the young we called the ‘Assault Awareness Course’. responsibility onto the others. It felt person might like to do to repair the harm This partly arose from the concern locally important to recognise that the young caused. In this sense the course can also be and nationally about the rise in knife person wasn’t culpable for every aspect of used to help the young person to decide what crime. As we were planning the course, we the offence, and to clearly help them to map they would like to do to make amends. started to look around to see what victim out the areas that they had choice about and The book includes a dvd featuring clients awareness exercises and programmes were were responsible for. Once this was from Oxfordshire speaking about their out there. There was some good stuff, but acknowledged, they were then encouraged experiences, and also a psychometric victim also a lot that involved worksheets to take full responsibility for ‘their part’, empathy scale. Designed by Richard featuring lists of questions and boxes for and to take on board what that means. We Beckett, who had created a similar scale for written answers, which we felt might not decided that ‘responsibility’ has three adult sex offenders, this scale offers an fit some of the young people’s learning elements; of looking back and accepting assessment tool both for measuring styles. We were extremely lucky to have culpability (“I was responsible”), of someone’s level of empathy, but also any Clair Aldington, an artist who was running recognising that you need to do something change as a result of the course (or other a Creative Arts Development Project with about it (“I’ll take responsibility”) and of intervention such as a restorative process or the YOS at the time, and the author, art looking forward to ensure that you avoid offending behaviour work). therapist and restorative practitioner doing the same thing again (“I’ll be more Marian Liebmann, who contributed from responsible”). It was interesting sharing some of the her experience and knowledge from these exercises at a recent training event in The exercises that were trialled in perspectives. As a result the course Oxford. It became clear that there are more Oxfordshire have led to a victim empathy integrated the creative arts into many of excellent ideas around, and it was amusing course book, ‘What Have I Done’ , just the exercises. that one exercise that we thought we had published by Jessica Kingsley Publishers at invented has been used in Leicester YOS for Running the Assault Awareness groups £29.95. Although primarily aimed at young years. My sincere hope is that this course was both challenging and immensely people in the criminal justice system, the will be useful to practitioners, but also that rewarding. We decided to tell the young hope is that it will also prove a useful you will all feed back any improvements, people coming onto the course that they resource for schools, care homes and other additions and suggestions, so that it will be would have to talk about their offence, and youth settings, and for adults in the superseded by something better in the share their thoughts and feelings with the community and in custody. future. group. This made the experience very real. It is an interesting experience to have There were the usual difficulties around developed a victim empathy course book. Pete Wallis mobile phones, erratic attendance and Victim empathy is a slippery concept, and I Senior Practitioner (Restorative Justice) young people slumped in sullen silence have always been a bit suspicious of victim Oxfordshire Youth Offending Service with arms crossed, glaring when asked to empathy courses. For a start there doesn’t share ‘what is your favourite food?’ There appear to be conclusive evidence that What Have I Done? is were also times when there was a real buzz enhanced empathy dissuades people from available at of interest in the topic, when the group committing crimes. There is also a concern didn’t want to leave at the end of the hour, that practitioners might take the easy option catalogue/new.php. and when they were carrying on with the of putting clients through victim empathy discussion on their way out. There were courses as an alternative to exploring a Quote RJCWHAT to moving moments of painful sharing, of restorative process. I also wonder whether receive a 10% honesty and openness, and of mutual courses that use scenarios and case studies discount. support and encouragement. One young to get a discussion going really hit home – person wrote on their feedback; I have our book encourages working on the real learnt that I will ‘think twice’ before thing. So when Clair, Marian and I saw the
  12. 12. Events & Vacancies For up-to-date information on RJ events go to: RJC Annual The Forgiveness Project The 6th Biennial Conference Practitioners’ Day ‘Is violence ever justified?’ of The European Forum for Training and Networking for A Lecture by Archbishop Restorative Justice Restorative Practitioners Desmond Tutu Doing Restorative Justice in Europe Tuesday 20th April 12.00pm Wednesday 12th May 2010 Established Practices and Birmingham & Midland Institute St. John’s, Smith Square, London Innovative Programmes £50 RJC members (£95 Standard) Archbishop Desmond Tutu will deliver The Thursday 17th - 19th June 2010 Forgiveness Project’s inaugural annual This year’s Practitioners’ Network and lecture and be joined for a panel Bilbao, Spain Training Day is timed to coincide with discussion by Pat Magee, convicted of the planned publication of the 2010 planting the 1984 Brighton bomb, Jo The 6th Conference marks the 10th National Occupational Standards Berry, daughter of Sir Anthony Berry MP anniversary of the European Forum for (NOS) in restorative practice, and the who was killed in the bombing, and Mary Restorative Justice. This milestone is an launch of a new Development Award, Kayitesi Blewitt, who lost more than 50 opportunity to look back at restorative members of her family in the Rwandan justice practices developed in Europe so based on the NOS, by Skills for Justice. genocide. Chaired by BBC broadcaster far and to look forward to new practices, Edward Stourton. Event sponsored by Speakers will include Les Davey, Chair possibilities and opportunities. Anglo American. of the RJC Standards and For information and booking visit Accreditation Board and Niall Kearney, Tickets £35, £25, £10 By telephone 020 7222 1061 Online Chair of the European Forum for Restorative Justice on practice developments in Europe, as well as Duncan Prime from the Office for Offender Management 2010 13th IIRP World Conference Criminal Justice Reform, which leads Reducing re-offending in Wednesday 13th – 15th October 2010 for the government on Restorative Justice. partnership Hull, England Annual one day conference The IIRP's 13th World Conference, For more information and booking Tuesday 8th June 2010 "Restorative Practices Across call 020 7831 5700 or visit Disciplines," will be held October 13–15, Cavendish Conference Centre, London 2010, in Hull, England, UK, in With contributions from leading experts in collaboration with Hull City Council. the field, this conference brings together The conference will feature several representatives from all corners of the Advertise with RJC criminal justice arena, to build on plenary speakers, including Hull's the national voice for Director of Children and Young People's achievements and innovative best practices Services, Nigel Richardson, whose vision Restorative Justice. by increasing dialogue between of a family-friendly city has led to From just £100 reach all our stakeholders in the management of training in restorative practices for members with news of your offenders. 23,000 professionals and volunteers training, events and vacancies. For further information contact Sarah Spencer throughout the city. Contact Chris Igoe on 020 7831 on 020 7324 4359, visit 5700 for details. More information visit Join the RJC If you believe in Restorative Justice, join the Restorative Justice Consortium and help support our work. Supporters receive a free copy of our quarterly newsletter Resolution, and our monthly e-bulletins, with all the latest restorative justice news. In addition, full members of the RJC receive discounts on all RJC events, free telephone advice and support from the RJC, and the opportunity to advertise on our website, the largest restorative justice e-resource in Europe. We rely on our membership to help us promote the use of Restorative Justice; your support will help us do even more. Supporting membership start from just £30 for the year so join now at index.php?Join_the_RJC