Resolution 36 summer 2010


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Resolution 36 summer 2010

  1. 1. Resolution 36 Final Draft v6.qxp 5/7/10 5:26 pm Page 1 Summer 2010 Resolution 36 News from the Restorative Justice Consortium Fully Restorative Youth Justice Services The Case for Restorative Policing Going Round in Circles Newham RJ Network Company number: 4199237 Charity number: 1097969
  2. 2. Resolution 36 Final Draft v6.qxp 5/7/10 5:26 pm Page 2 02 Director’s Introduction Contents W elcome to the Summer issue of Resolution. of the RJC, bringing in new skills to enable the organisation to develop as the Restorative Justice Council, the quality 02 Director’s Introduction We know that restorative justice changes assurance body for the field of restorative lives. In this issue Anne-Marie Hagan tells practice. We are delighted that Professor 03 News in Brief how meeting the man who killed her father Tony Hazell, Chair of the Nursing and enabled her to move on, and Sandie Midwifery Council, and founder Chair of the Hastings’ article shows how in Health Professions Council is joining the 04 Fully Restorative Youth Leicestershire using a circle process is RJC Board, bringing a wealth of experience Justice Services enabling communities themselves to find the to guide us as we develop the new RJC solutions to crime and conflict in their practitioner register and Code of Practice, 05 Newham RJ Network neighbourhood. ACC Garry Shewan, the review the 2004 Best Practice Guidance ACPO lead for restorative justice, makes a and partner with Skills for Justice to pilot 06 Anne’s Story compelling case for much wider police use of the first practitioner accreditation based of RJ to resolve low level crime and on the 2010 National Occupational 07 Towards a Restorative community disputes. Standards. We’ll run an interview with Tony Society in a future issue of Resolution, and keep you The RJC is delighted to see the commitment posted on other new appointments to the 08 The Case for Restorative of the new Coalition Government to RJC Board. Policing restorative justice. Along with Victim Support’s Director of Policy, I met Justice As Niall Kearney highlights in his article in 12 Going Round in Circles Minister Crispin Blunt in June. We this issue, restorative justice is a constantly highlighted the gold-standard research evolving field. The key challenge for the new 14 On Moving Forwards evidence for the cost-savings that can be Restorative Justice Council will be to be made through delivering restorative justice, strong guardians and proponents of quality 15 Youth Justice Face to Face not just for low level offences, but for adult restorative practice – essential to safeguard offenders and serious offences. Professor participants in RJ, and ensure that the 16 Events and Vacancies Joanna Shapland’s research for the excellent findings in research are Ministry of Justice demonstrates that, maintained as RJ grows and expands - through reductions in re-offending, whilst enabling the innovation that is the Editor’s note restorative justice delivers £6k in cashable hallmark of this rapidly expanding field to savings to criminal justice for every thrive. We welcome the support and Resolution is here to reflect restorative offender who takes part. We also know that engagement of all our members as we grow practice in all its forms and RJ delivers 85% victim satisfaction, and the role and work and role of the developments. Please get in touch if fits with the ‘Big Society’ ethos of this Restorative Justice Council, helping us to you would like to submit an article, Government, empowering communities to get this balance right, and enabling us to have suggestions for a feature, ideas own, and find their own solutions to crime. equip everyone delivering restorative for what you would like covered, news Crispin Blunt, along with his Ministerial practice at local level with the inspiration, of an event or would simply like to colleagues is extremely positive about guidance and support that you need to share an experience with other restorative justice and determined to ensure continue your life-changing work. readers. greater use of RJ throughout the CJS. We’ll be working closely with the Ministry of Dan Kershen, Guest-Editor Justice on this, to ensure that access to RJ is as wide as possible, and that the quality of restorative justice is maintained as RJ Resolution is the quarterly develops. newsletter of the: Restorative Justice Consortium Some news from the RJC. The RJC Board Beacon House, 113 Kingsway have asked me to stay as Director working London,WC2B 6PP. three days a week, with Chris Igoe taking on additional responsibilities to support me as T: 020 7831 5700 our Assistant Director. Chris will lead for E: the RJC on our financial management, W: Company number: 4199237 volunteer management, and act as our Charity number: 1097969 Company Secretary, as well as continuing to lead on all RJC external communications, ©2010 RJC. Not to be reproduced including the redevelopment of the RJC without permission. website. The articles in this newsletter With support from the former Office for express the personal views of the Criminal Justice Reform, our name has been authors and do not necessarily changed with Companies House to become reflect the views of the RJC. the Restorative Justice Council. We are working with a branding agency and will The image on the front cover is officially launch the new name and brand Lizzie Nelson © later this year – all members will be warmly Director person represented is a model. invited to join us at the launch. As promised Restorative Justice Consortium at the AGM, we are strengthening the Board
  3. 3. Resolution 36 Final Draft v6.qxp 5/7/10 5:26 pm Page 3 03 News In Brief Landmark Election for Zoe’s story Creating a Restorative Capital Restorative Justice RJC worked closely with the Daily RJC, with the support of The City Mirror leading to a double page report Bridge Trust, are working to promote For the first time ever, every political on Restorative Justice. The article and support Restorative Justice in the party in England & Wales represented looks at the story of Zoe Harrison who Capital. in Parliament has pledged an after being mugged at knife point Creating a Restorative Capital will expansion of Restorative Justice in the found that confronting the young bring together people with an interest run up to a General Election. person responsible helped her recover. in restorative justice in London to Zoe said “I thought that image [of the work collaboratively to begin the In the first ever televised election violent attack] would never go away... process of creating a restorative city. debate Nick Clegg, now Deputy Prime I feel better for venting my feelings at Minister, spoke in favour of young Clifford Chance are hosting an RJC him and for listening to what he had to event on 27th July launching this offenders facing their victims. say in return.” project which is already fully Labour made a manifesto Victim Support added “On a national subscribed. To register your interest in commitment to “bring in a Restorative level [RJ] would be a great joining Creating a Restorative Capital Justice Act” whilst the Green Party opportunity. The benefits look networks and attending future events who won in Brighton Pavillion pledged promising. All the indicators are now please email “to establish restorative justice as a pointing in the right direction.” key feature of the UK criminal justice Read the full article at Start a Restorative Network system”. We want to use our new website to Plaid Cymru, who increased their help people set up new regional and number of seats, proposed to replace Youth Restorative Disposal local RJ networks and to support ASBOs with a system of Restorative existing ones. If you are part of a local A national evaluation of over four network in your area or want to set Justice and, in another first for thousand Youth Restorative Disposals one up please contact us at England & Wales, pledged to across eight police forces has been introduce restorative practice into the published by the YJB. education system. The Liberal Democrat manifesto The evaluation found that the YRD is a About Us good value investment leading to long commitment to introduce Restorative Restorative justice empowers the term efficiency savings and increased people most affected by crime and Justice to tackle anti-social behaviour public confidence. The report conflict to deal with its effects. It does and low-level crime through recommends that the YRD forms part this through enabling communication Neighbourhood Justice Panels became of a broader police strategy on between people who have been harmed part of the new Government’s full restorative justice. However the need and people who are responsible for coalition programme. for significant initial investment in that harm. Conservative Justice Minister Crispin training of the highest standard and Restorative justice can give victims Blunt has built on the commitment ongoing support and quality assurance the chance to tell offenders the real were underlined. impact of their crime, to get answers, made by Alan Duncan, the former receive an apology and move on with Shadow Prisons Minister, to “urgently The evaluation can be found at their lives. It holds offenders to investigate” what needs to be done to account whilst giving them the chance implement restorative justice /?restorative_justice:restorative_policing to understand the real impact of what nationwide. In a meeting with RJC they’ve done and to do something to Director Lizzie Nelson and Victim Making Progress in RJ repair the harm. Support the Minister for Prisons and Restorative processes are also being Probation discussed how restorative John Bacon’s Masters’ thesis ‘Making used in schools, workplaces, care justice might be introduced at every Progress in Restorative Justice: a homes, health services and stage of the criminal justice system. qualitative study’ uses the experience of communities as a better way of RJ facilitators from the MOJ research prevent ing and resolving conflict. Nick Herbert, Minister for Policing pilots to consider the journey made by The RJC is the voice for Restorative and Criminal Justice, spoke publically facilitators through the restorative Justice in England and Wales. Our on 24th June about the potential for process.The study has implications for vision is that every person affected by restorative justice to help offenders recruitment, training and supervision of conflict and crime should have access accept their social responsibilities and restorative facilitators. Enter “Making to a restorative process. RJC is offer better support to victims of Progress” into our website search tool to becoming the Restorative Justice Council - the quality assurance body crime. find the thesis. for the field.
  4. 4. Resolution 36 Final Draft v6.qxp 5/7/10 5:26 pm Page 4 04 Becoming a ‘Fully Restorative Youth Justice Service’ Restorative Justice in Surrey Surrey YJS has recently set itself the practice and the development of victim of bullying. Over time the work challenge to work towards becoming a ‘restorative youth courts’ that better has focussed on making the linkages fully restorative service. What does support restorative practice with young between John’s own experiences as a this mean? people on court orders. victim and his empathy and understanding of Ryan’s needs. The Well, on the one hand Surrey is no We will strive to learn from the ‘whole work is on-going but at this point John different from other Youth Offending school’ restorative approaches has consented to signing an agreement Teams (YOTs) in as much as we have experience in education and seek to to stay away from Ryan that will form been working to deliver restorative displace the current hybrid of part of his contract/intervention plan. justice services for a number of years, ‘retributive’ and ‘restorative’ culture with a focus on victims of crime and with a coherent restorative local youth Who knows, it may not yet be the end of creating opportunities for ‘offenders’ to justice system, designed to deliver the the story. The possibility of bringing repair harm, both practically and/or, potential that restorative approaches Ryan and John together face to face at emotionally. can bring, for ‘victims’, ‘offenders’, some point in the future remains. professionals and volunteers, schools, So you will find at Surrey YJS a range care settings and the wider community. of services, such as our reparation Key lessons scheme, our victim/offender mediation In so doing we want to reduce reliance provision, our Referral Order practice on formal criminal justice, reform the 1. If we can seriously develop underpinned with a restorative ethos; formal youth justice system (along restorative approaches in all schools all of which may not stand very much restorative lines) where it’s needed, then we might prevent bullying earlier apart from what is going on in lots of elevate and better support restorative and avoid the need to bring John and other YOTs around the country. practices across the board and reduce Ryan into encounter with the youth offending, increase victim satisfaction justice system in the first place. So what do we mean by ‘fully and public confidence and create restorative service’? We think the happier, healthier workplaces conducive 2. All too often our ‘offenders’ answer lies in our endeavour to put to professionals delivering service have their own experiences of restorative values at the heart of all of improvements that benefit us all. victimisation. We need to develop ways our relationships and practices within to make connection that can lead to the youth justice system, so that the Case Study – Ryan and John effective practice and benefits for both restorative justice agenda moves victims and offenders. beyond interest in ‘victims’ and John (13 years) has been repeatedly ‘offenders’ and what we might do to bullying Ryan (12 years) in school for 3. This will become routine when heal and repair when things go wrong, it some time and has now come to all youth justice staff become furthers application of restorative attention of the police for a Common ‘restorative practitioners’ not simply in approaches in the ways that we manage Assault. terms of supporting relationships relationships between ourselves as work between victims and offenders but in all force; to how we apply restorative There was no restorative work that that we do. values to our approach to case took place at the school and Ryan’s management and enabling compliance; family were very disappointed, resulting Chris Stevens is Divisional Manager at to underpin our approach to delivering in Ryan’s parents taking him out of Surrey Youth Justice Service. group work programmes; and education and schooling him at home. strengthening families through our Furthermore, Ryan’s family were very If you would like to know more please parenting support provision. frustrated with the justice system that email was failing to meet their needs and We want to develop restorative practice ‘making things worse’. end to end: as a range of approaches to divert pre-court as part of our When we got involved and met with prevention strategy at one end and to Ryan’s family it was clear that they support re-settlement of those leaving desperately needed the bullying to stop custody at the other. so that Ryan could move on so begin to resume his life without fear. They did Furthermore, we want to build a cross- not want ‘a letter of apology’ or service restorative practice agenda ‘community reparation’ or the with police, education and children’s opportunity to meet face to face but did services in particular, as part of a wider specifically ask if we could secure an prevention strategy, including our agreement with John that he would partners and stakeholders in the wider leave Ryan alone. youth justice system. This includes working with our partners in exploring Our subsequent work with John has changes we can make to youth court exposed his own history of abuse as a
  5. 5. Resolution 36 Final Draft v6.qxp 5/7/10 5:26 pm Page 5 05 Newham Restorative Justice Network contributes to them becoming involved in such crime) or not reporting incidents of violent street crime for fear of reprisals. Newham is spotlighted by national media as being a youth & street crime ‘hot-spot’ – further driving the fear. This is despite the fact that we have more young people in Newham than in most areas & therefore it seems to us obvious that we will have more youth associated incidents (almost 25% of Newham’s community is under 25 & this is rising!) The project seeks to address these issues by working with young people (both victims & perpetrators of street based crime) through individual sessions & group workshops / sessions exploring the feelings that they hold about their experiences through utilising restorative The project is coordinated by Robin opportunity to resolve it through justice practice. We also engage Lockhart from REIN (Race a restorative process. At REIN with the young people’s friends & Equality In Newham) and is we believe that restorative families to ensure that we embed funded by Safer London processes can help to break the the restorative ethos in the local Foundation and the Youth cycle of offending and re- community & throughout the Opportunity Fund,. It is run by a offending in a more effective way young people’s lives. Youth Advisory Board (YAB) who than the current punitive / penal advise a Network of professionals approach. The Youth Advisory Board are all (including YOT, Police, Witness undertaking training in order to be Services, Conflict & Change – Newham Restorative Justice able to participate in the delivery Mediation & Counselling, PRU, Network (NRJN) works with of the workshops & restorative Victim Support, CPS etc) on the young people aged 13 – 19 who practice sessions with their peers implementation of the Restorative have been affected by conflict and in the borough. The YAB have Justice Network for young people crime from our purpose built already delivered a Restorative in Newham. youth club “The Mix” in Plaistow Justice Training Day in (1a Cumberland Rd, E13 8LH). partnership with Ken Webster The Young Advisors are aged 16 – entitled - “An introduction to 25 and every member has been The project seeks to address using restorative processes to affected by guns, gangs, knives or issues surrounding guns, gangs, effectively challenge anti-social street crime; as a victim or as knives & street crime (& related behaviour and youth crime”, which someone who has offended, as a crimes) among young people in was attended by over 50 witness, or as a young person who the borough. It works with professionals from across the UK. has been otherwise affected by offenders, as well as with victims these issues (several have lost (who often go on to become NRJN was nominated for a Phillip family members through street offenders) to reduce offending Lawrence Award in 2009 & crime). subsequent recidivism. reached the final – unfortunately the project did not win, but has The YAB are a very positive & Unfortunately, we have had been invited to attend again next proactive group. They have raised several deaths of young people in year. almost £50,000 themselves to pay the borough and the high level of for Friday and Sunday sessions in media attention has driven the Robin Lockhart is the Restorative our Youth Centre, including perception (that many young Justice Coordinator for Rights accredited courses for themselves people have developed in the and Equalities in Newham and for the other young people borough) of fear of each other. (REIN). referred to the project. This pervasive fear among our young people is, we believe, To find out more, go to Restorative justice stems from a ‘skewing’ the true figures relating or belief that every person harmed by to this type of crime. it leads to, or email us at crime and conflict, including both many more young people carrying victims & those who have weapons (to make them feel safer, offended, should have the whilst not realising that it
  6. 6. Resolution 36 Final Draft v6.qxp 5/7/10 5:26 pm Page 6 06 Anne’s Story years and 10 months of misery was just wiped away. As he started to cry and said, “I’m to blame, I’m to blame”, I couldn’t take it anymore. I rushed around the table and hugged him, telling him that I forgave him. I remember saying to him, “Blame is too strong a word, blame is too strong a word.” I could never have imagined that in doing so, I would set myself free. Finally I was able to let go of all the pain and torment that had held me captive, realizing that I’d been my own jailer. My life changed as I began to see the world through new eyes. I felt joy again, the numbness was gone. My father’s killer is now 59 years old. He has a job, and he’s working towards a university degree. I admire him for having the strength and the courage to rebuild his life. Anne Marie Hagan - Copyright The Forgiveness Project © I visit him regularly. We have talked at length about what happened on that fateful day, Anne Marie Hagan’s father, Thomas became completely consumed and how my forgiving him has Hagan, was 56 years old when he with anger, bitterness, vengeance, changed both our lives. was murdered in 1979 in the little and self-pity. I was absolutely fishing village of Kingman’s Cove, determined that this man would In June 2002, my journey as a Newfoundland, Canada. never, ever regain his freedom. Motivational Speaker began. The longer he was locked away, Since then I’ve spoken to He received 16 axe cuts, seven in the greater the value of my thousands of people across the head, neck and face. The 30- father’s life. Canada including police officers year-old man who committed the and prison inmates. Before I act was his neighbour. He was Then, on June 7, 1996, during a forgave my father’s killer I had suffering from schizophrenia, and comprehensive campaign I’d zero compassion for such people. he believed that he’d heard the organized to stop his release, I Now, I see each inmate as voice of his dead mother telling him talked with him face-to-face. It somebody’s child. to kill Thomas Hagan. was during this meeting, while learning more about him as a Forgiveness is not permission. It doesn’t mean that you agree with It was Sunday August 12, 1979. I human being and the horrendous what the offender has done, or was a 19-year-old nursing student suffering that he’d endured, that that they had a right to do what home on summer holidays when I everything changed. they did. Also, forgiveness cannot saw my father murdered with an be conditional on remorse axe. I tried to stop the man, but he I’d not heard of the term because that would mean we can axed me as well. restorative justice then but in only forgive those who are sorry. Filled with sadness and despair, I that face-to-face meeting, which Forgiveness is recognizing that lasted 1 hour and 40 minutes, 16 the offender is a human being
  7. 7. Resolution 36 Final Draft v6.qxp 5/7/10 5:26 pm Page 7 07 Towards a Restorative who is deserving of kindness, Society a problem- solving compassion and love despite the harm they have done. response to harm A vision of how reform of Canada and New Zealand to criminal justice could lead to a Europe and beyond. Wright lists “The longer my restorative society is presented in this pamphlet by Martin the principles and benefits, but also faces objections and father’s killer was Wright. tensions that are sometimes raised by sceptics; then he locked away the Drawing on his experience as outlines a possible way ahead for director of the Howard League introducing a restorative greater the value of my for Penal Reform, and more process. A key element of this father’s life” recently as a board member of could be ‘preventive feedback’: the RJC, he begins with an since the restorative process analysis of the confused logic on encourages participants to think In that June 7, 1996 meeting, I which conventional sentencing about the conditions which gave awoke to the realization that if a practice is based. In theory it rise to the offence; in South loved one of mine committed aims to achieve several aims, but Africa and New Zealand, murder, I would want the other ‘toughness’, rehabilitation and facilitators of restorative cheek turned to them. And, that I reparation conflict with each conferences are collecting did not have the right to demand other. The aims should be information and using it to more from the world than I was clarified; and one, in particular, address those influences. willing to give to this man. the denunciation of the offence, could be achieved by the amount The restorative idea has spread I have been on a long journey of reparation rather than the to schools and communities, since seeing my father amount of punishment. where a healthy social order is murdered. I have learned to let maintained by promoting respect go. I have learned that Even without a major change of for each other rather than CCTV vengeance is blinding and that philosophy, improvements could and fear of punishment. It is while I may have the right to be made now. A system of evolving into a restorative miss my father, I do not have the ‘transferable funding’ is philosophy of social justice. right to judge, condemn, or hate proposed: if the probation who killed him. service reduced the prison The pamphlet is issued by the population by establishing new campaigning organization projects to meet specific needs, Make Justice Work, on line at: I have learned that while my life and persuading courts to use h t t p : / / m a ke j u s t i c e w o rk . o r g . u k / w p - could never be the same after them, it would receive a content/uploads/2010/04/Mar tin- the murder, it didn’t have to be proportion of the funds saved. W r i g h t - To w a r d s - a - R e s t o r a t i v e - worse. That was a matter of Society.pdf choice, my choice. And, I also What would make a real learned that murder cannot difference would be a change to Hard copies are available from destroy hope, faith, or love. a restorative philosophy. The the RJC at £5 + £1.50 p&p. restorative movement is Story and photo provided described, from its beginnings in courtesy of The Forgiveness Project
  8. 8. Resolution 36 Final Draft v6.qxp 5/7/10 5:26 pm Page 8 08 The Case for Restorative Justice R heal the effects of crime and wrong-doing by meeting the needs o 76.3% said their RJ of victims, offenders and initiatives involved other partners communities. o 73.7% said their RJ practices involved response and “It enables communities neighbourhood officers o 55% said that to take responsibility for neighbourhood officers utilised delivering their own restorative conferencing as a part justice” of the process o The survey revealed a very RJ can empower communities to clear understanding of the deal with offending according to principles of RJ with agreement their own values and expectations. that the process seeks to involve It allows communities to re- both the harmer and the harmed, integrate offenders back into seeks to establish the facts and community life and it enables acceptance and above all seeks to Garry Shewan is Assistant Chief communities to take responsibility repair the harm (73.7%) Constable with Greater Manchester for delivering their own justice. In Police, overseeing the Citizen Focus 2001 professor Joanna Shapland The ACPO survey identified three portfolio. He is the Association of was funded by the Ministry of recurring barriers to the use of RJ; Chief Police Officers (ACPO) lead for Justice to examine the effectiveness o The performance culture Restorative and Community Justice. of RJ. The headline findings of the and the impact upon the sanction research were that RJ delivered detection measures There is already widespread 85% victim satisfaction and o Negative media coverage evidence worldwide about the reduced the frequency of with the suggestion that RJ is a positive impact that Restorative reconviction by 27% when used soft option Justice (RJ) can have on both with serious offences commited by o The cost of training and offending behaviour and upon adult offenders. Summed together maintaining skills victims. the trials showed that for every pound spent on delivering RJ, there The ACPO survey also highlighted Criminological theories such as are savings of £8. gaps in training, performance Labelling and Re-integrative measurement and quality shaming suggests that retributive assurance, and as such it is justice can make matters worse by RJ in UK Policing necessary to fill in these gaps. The alienating both offender and suggested requirements focused on T he use of Restorative Justice victim. Offenders stigmatized by clear training accreditation, within UK police forces is the Criminal Justice System (CJS) further Police Service Practice increasing at a significant pace. In are often drawn together to form Guidance and the HO/ HMIC addition there is growing national recognition of RJ/CJ disposals their own sub cultures (often with interest in its application to higher social capital than the develop both a victim-focused but The Flanagan review of policing communities they offend – Rhys low-bureaucratic disposal for low led to a four-force pilot in Surrey, Jones). The needs of level offending and as a critical Leicestershire, Staffordshire and ‘communities’ when faced with law tool within Neighbourhood Policing West Midlands of the use of breaking and anti-social behaviour to assist in problem-solving and Community Resolution (CR). CR are different from purely revenge meeting community expectations. is instinctively restorative in its and payback. approach and has been shown to RJ focuses on the victim as the A survey sent out to police forces achieve the benefits associated core element in the process, in December 2009 on behalf of with the use of restorative justice. whether it is an individual, group ACPO examined the extent that RJ of people or indeed the community was being utilised in policing. 38 The ACPO survey also highlighted as a whole. Victims are not left forces responded of which 33 inconsistencies amongst forces as outside of the process – it places forces indicated that they are using to the training standards and them at the centre and seeks to RJ practices. Key findings include; quality assurance processes in
  9. 9. Resolution 36 Final Draft v6.qxp 5/7/10 5:26 pm Page 9 09 Restorative Policing and our Communities place to check the appropriate justice system to deal effectively with 1. RJ has been shown to reduce use of restorative justice. young first time offenders who have re-offending (e.g., reduces the not been embraced within their own frequency in re-offending), In excess of 6,000 police officers communities through cautions, 2. RJ is able to improve public and PCSOs have received training in reprimands or even final warnings confidence and satisfaction by RJ interventions as well as a and who have not understood the directly engaging the affected parties significant number of volunteers consequences of their actions. in the disposal. and partner staff. 3. RJ has significant cost RJ – Evidence of Impact benefits and increases efficiency and RJ is now being utilized as a low use of resources, allowing officers to The ACPO survey found that less level disposal within the CJS, as a spend more time on the street dealing problem solving tool by than half of forces could identify with more serious crime; reducing Neighbourhood Policing Teams, the performance impact that the bureaucracy. within schools, to settle long-term use of restorative justice had neighbour disputes, as a post- brought about. Some forces felt that it was at that time too early to “Forces are developing sentence element of reducing re- offending programmes and as a have had an opportunity to carry out performance frameworks quick and effective means of meaningful analysis. Where impact around RJ” tackling those crimes and incidents was being measured was specifically which have a disproportionate around the areas of First Time The use of RJ and working with impact upon communities. Entrants and Re-offending rates. partners such as schools and YOTs is Forces are developing performance enabling the police to see that it “Performance frameworks around RJ which contributes toward a reduction in the management has brought measure impacts on re-offending frequency and severity of re- offending. In Norfolk they are rates, time to complete, more offenders to justice, victim/offender/officer satisfaction reporting a re-offending rate of just only they are the wrong 7.4%. In North Wales the re- as well as partner involvement. offending rate for the recipients of offenders” Youth Restorative Disposals (YRDs) There is a very strong evidence-base stands at 5%. In Bristol the re- The use of RJ interventions has around RJ which already exists. We offending rate is higher at 15.9% but been enthusiastically embraced by know that early results from schemes this compares to a rate of 30.2% for officers in participating forces. operating in forces that the evidence those receiving a reprimand. In They have described its flexible and is indicative of supporting the Cheshire their evaluation found that impactive capabilities as a return to criminological evidence already in the use of RJ resulted in a fall in the ‘common-sense policing’. Officers existence. We know that; re-offending rate for FTEs from have seen it as a return to 26% to 12%. North Yorkshire professional decision-making after a decade of rigid performance management during which officers were encouraged to concentrate on the ‘low hanging fruit of detections’ in an effort to raise the detected crime rate – ‘performance management has brought more offenders to justice, only they are the wrong offenders’. The continued professional development of Neighbourhood Policing has seen officers and police staff develop close and informed relationships with local communities. This engagement and understanding has highlighted the inability of the formal criminal
  10. 10. Resolution 36 Final Draft v6.qxp 5/7/10 5:26 pm Page 10 10 identified that their re-offending analysing shoplifting and criminal The Youth Restorative rate within 3 months fell from 7.8% damage offences that the current before their RJ pilot to 2.2%. Disposal arrest and custody process alone takes on average 19 hours and 39 The Youth Restorative Disposal In Norfolk the proportion of victims minutes to complete. The use of (YRD) was piloted in eight police very and completely satisfied with street issue restorative disposals forces between April 2008 and the whole experience of being dealt would save 18 hours and 39 minutes September 2009. It was developed with through restorative justice was from this process – a projected by the Youth Justice Board in 92% compared with 67% for saving of £497K per annum on partnership with ACPO, MoJ and conventional justice disposals. In the DCSF. It aimed to offer police projected use. Cheshire 78% of victims felt that officers and PCSOs more discretion restorative justice was a better way and a quick and effective means of These interventions do not only of dealing with the crime and 91% dealing with low level, anti-social deliver the benefits (when correctly would recommend it to a friend. and nuisance offending. applied) to victims, offenders and Before the restorative conference in communities but also allow those engaged within the CJS to re-invest Over four thousand YRDs were Cheshire, 54% of victims felt issued during the pilot with traumatised by the incident and felt time saved on other activities; police officers and PCSOs can focus time shoplifting, assault and criminal anger toward the offender, only 9% damage being the main offences understood why the crime had and investigative skills on more dealt with. happened and as a result 18% felt serious offences, on victim and scared of the offender and only witness care, on problem solving The YRD was evaluated and this 45% felt safe in the local activity or on intelligence led visible found that police satisfaction with community. At the conclusion of the patrol. Youth Offending Teams are the scheme was high. This was due conference, the results were very reporting a greater emphasis upon to giving police officers greater different. Following the conference, prevention work. discretion over choosing the most 73% of those involved felt they were appropriate way of dealing with low now able to put the incident behind “Following the level incidents; by raising public them. One of the reasons behind this could be that 45% now understood conference, 73% of confidence in policing through giving those involved felt they victims a say in how offenders why the incident had happened to should be dealt with; and, in most them. The fact the victim was able to were now able to put the cases YRD were less time consuming give closure to the incident meant incident behind them” than alternative CJS disposals. that now only 18% felt anger towards the offender, as opposed to RJ is also providing an opportunity The evaluation found that victim 54% before. An interesting fact was to change the offending landscape satisfaction was high, that YRDs did that following the conference, none for the next generation. In his not increase the work rate for YOTs of the participants felt scared of the resignation from his post with the and that there was a high level of offender and 73% now felt safe in Youth Justice Board in February agreement that YRDs represented a their community. The impact of all 2007, Rod Morgan stated that the more appropriate and proportional this was that 72% of the victims response which did not result in criminal justice system had views of the local police had now young people being caught in the become “swamped” because of the improved. CJS net. increasing criminalisation of young people. In Cheshire the number of “RJ is providing an under 18's being brought into the The evaluation found that when opportunity to change CJS for the first time increase compared with a Reprimand the the offending between 2002 and 2007 by 95% cost of administering a YRD was a landscape for the next as the drive for more detections saving of £426 or £393 if a RJ conference was used. generation” targeted young offenders. The use of RJ interventions is delaying and The use of RJ is allowing a more preventing entry into the formal RJ and Community proportionate and efficient use of CJS. Cumbria has noted a fall last the resources employed within the year of First Time Entrants (FTEs) Justice CJS. Issuing a YRD takes of 27% and Cheshire a fall of Victims of crime want more than approximately an hour to complete 20% as RJ replaces reprimands anything not to have been a victim and costs approximately £14 of a and final warnings. in the first place and certainly do police officers’ time compared with want to be a victim again. They have the cost of £63 for a reprimand. an investment in seeking the Cheshire have found that by
  11. 11. Resolution 36 Final Draft v6.qxp 5/7/10 5:26 pm Page 11 reduction of re-offending rates. 11 Victims also want to understand why they were ‘victimised’, want to seek closure, take away the pain and feel safe and confident in going about their business within their neighbourhood. Traditional means of dealing with first-time and low- level offending cannot always offer a way of meeting these needs, yet RJ can. It is the involvement of communities that sets aside the current development of RJ within policing from those that have gone before. The new paradigm of Community Restorative Justice builds upon the role of local neighbourhood officers and staff to understand local values, priorities and needs and © equips them with a new flexibility to design interventions to meet them. This enables police and them. Many forces are now training In order to achieve their full impact, communities to work together on community volunteers in the use of RJ and CR schemes need to be behalf of victims and the community restorative justice, to both act as applied as a community-focused itself, turning conflict into co- community ‘victims’ but excitingly to programme of activity which seeks operation enabling the achievement organise and administer restorative to allow communities to protect of real and lasting resolutions. justice themselves – communities themselves, deter offending and seek taking responsibility for and working to heal the harm caused where “RJ is not policing done to with the police to deal with their crimes and wrong-doing happens. ‘own’ offenders and the way that people but returns to the justice is applied. We must never sacrifice the need to ideals of policing as part protect our communities and bring of a true community The true value of RJ is yet to be fully offenders to account for their crimes partnership” realized. RJ offers a holistic through the CJS where appropriate. approach to rule-breaking and Diversionary RJ will not be wrong-doing. It can be utilised to appropriate in the majority of RJ forces have recognised we deal with simple and complex criminal offending (though may well cannot create strong and safe offending, as a diversionary tool or be appropriate in addition to the communities or higher levels of as a means for offenders to formal CJS for serious offences). confidence if we continue to set understand the consequences of However, a restorative model of performance expectations which their actions, it can solve problems dealing with crime and offending limit the ability of our teams to and heal communities suffering from which seeks to repair the harm to police communities according to the pain of harm caused. Where victims and communities, seeks to their needs and values. The delivered in conjunction with schools reduce re-offending and bring application of RJ has set a clear there is a consistency in how young offenders to accept responsibility for agenda for public services; invite people are dealt with at school and their actions and help build strong, people to get engaged, support their then on the streets, removing the vibrant and active communities is involvement and engage them in contradictions which can exist. The worthy of pursuit. proper conversations, and then development of Restorative levels of citizen activity will Communities is gathering pace. An expended verion of this article is increase. available on the RJC website RJ is not policing done to people RJ – What Is Needed? but returns to the ideals of policing RJ and Community Resolution have as part of a true community been shown to be able to reduce partnership. It is clear that done bureaucracy, achieve efficiency well RJ cannot be done to or even savings whilst delivering on for victims it must be done with performance targets.
  12. 12. Resolution 36 Final Draft v6.qxp 5/7/10 5:27 pm Page 12 12 Going round in Circles How many of us have experiences as part of a Fulbright each others differences’ were but a small left a meeting Scholarship in the USA in 2007; one as sample of the responses of these feeling that our a trainee, one as an observer and one as youngsters. contributions were a participant. not valued, opinions The meaning of ‘community’ prompted not listened to or Over the past three weeks I have had the an interesting and encouraging even understood, and where only the opportunity to facilitate three separate discussion whereby the concept of loudest voices have live circle meetings in my role as a ‘family’ in a variety of contexts such as been heard? facilitator and Police officer in school and sports, in their minds equates Leicestershire. to the same thing. Undoubtedly this is a familiar story for The first circle (Case study 1) directly The group then enthusiastically many of us. involved young people at risk of contributed to the re-development of exclusion from school. their school behaviour code. Feedback How refreshing then to know that by from the group following their first ever making some changes to the structure of The next one (Case study 2) included circle experience was interesting. a meeting, outcomes can be a positive concerned parents of a group of young experience for everyone involved. people, and the Police. The younger ones felt that the duration of the circle was too long and they A circle process brings together Finally, the most recent example (Case struggled somewhat with the concept, individuals wishing to engage in conflict study 3) was with representatives from although this did not seem apparent at resolution, healing, support, decision the Somali and African Caribbean the time. Most of the older boys also felt making or other activities in which communities in Leicester. Some that the circle went on for too long but honest communication, relationship participants were parents of young did recognise that in order to effect development and community building people who have displayed extremely change ‘this was the process that needs are core desired outcomes. violent behaviour towards each other. to take place’. The changes require all participants to Case study 1 Case Study 2 be seated on chairs in a complete circle with no barriers such as desks or tables A social enterprise group called U Hold This circle took place in the library of a present. (U Hold de Key) invited me to promote community centre and participants the concept of restorative justice to a consisted of parents of a group of local The circle is facilitated by a ‘keeper,’ group of seventeen boys aged between young people, and Police representatives, (two or more keepers if the circle is twelve and fifteen years, who all attend including local beat officers. large) who opens the circle, guides the the same Leicester school and are at risk process and keeps track of the of exclusion due to behavioural issues. Calls to the Police from local residents discussion, as well as summarising and regarding incidents of low level anti social documenting ideas and contributions U Hold aims to meet the needs of behaviour by these young people had before closing the circle. marginalised or disadvantaged young recently increased and tensions were high people by responding to youth related following a number of ‘stop and search’ A talking piece; (something of anti social behaviour and raising checks carried out on the young people by significance and meaning to those taking educational aspiration and attainment by the Police in relation to these incidents. part), is introduced and passed from promoting social justice and inclusion. person to person consecutively around One of the young men had recently been the circle. The three U Hold workers agreed to arrested on suspicion of assaulting a assist me in the facilitation of the circle Police Officer. Pepper spray was used The person holding the talking piece has and we sat, evenly distributed, as part of during the arrest and the young man’s the attention of everyone else in the the circle. father had lodged a complaint about the circle and can speak without Police handling of the situation. interruption whilst all other participants The talking piece was a microphone and respectfully listen. was the inspired choice of one of the At the beginning of the circle meeting I workers who recognised the boys’ love of made it very clear that this particular Circles intentionally create a space that rap music. matter was under investigation and lifts barriers between people, opening therefore could not be discussed. fresh possibilities for connection, After a round of introductions, the task collaboration and mutual understanding. for the next round was for the group to After introductions, participants were set their own ground rules for the circle. invited to speak about the main issues The process works because it brings and concerns affecting them. people together in a way that allows Not only did they very quickly grasp the them to see one another as individuals basic rules of the circle but there was The parents perceived a lack of and to talk about what matters in an 100% engagement as they gave careful resources and facilities available for the environment that promotes thoughtful thought to their individual contributions. young people in the area which created reflection. boredom. They also felt that the Police Statements such as ‘challenge with were antagonising the situation by using I had the opportunity to take part in respect and honour’ ‘loyalty’ ‘accept purely punitive methods with the young three separate circle learning constructive feedback’ and ‘understand people.
  13. 13. Resolution 36 Final Draft v6.qxp 5/7/10 5:27 pm Page 13 13 The Police Officers explained that He explained that although I was a Then the discussion moved on to how frequently when they tried to engage Police Officer, I was also trained to these issues could be resolved and by the young people in conversation, they independently facilitate circle meetings whom. At this point the power of the received abuse, bad language, even and that this particular process is likely circle came into its own. occasional spitting, in return. to be more effective, given the sensitivity Ownership and parental responsibility in of the issues, than a conventional setting. They also explained that if they ignore terms of role modelling and mentoring the young people the residents would This was agreed, and a local beat officer between the two communities proved to say ‘there’s no point in reporting (wearing a civilian jacket) was permitted be a fascinating debate. anything to the Police as they do to be outside of the circle, taking notes nothing anyway’. on a flip chart to be handed to the group Events such as a picnic day and joint at the end of the meeting. sports fixtures between parents and One of the local officer’s had asked a young people from both communities and cross section of residents the question; In spite of the initial brief of twelve genders were enthusiastically discussed. ‘What’s it like to live around here?’ parents, a total of twenty three people attended; some parents, some agency One Somali mother expressed concerns All comments were negative and one in representatives. about needing to act with urgency, particular began; ‘This is a horrible suggesting that the children should be place to live at the minute. They are The atmosphere was tense from the brought together just as we all are now terrorising us.The kids have no respect, beginning and became more so after and taught to understand the harm that they are intimidating and aggressive’. introductions had been made. they are causing. These words had a significant impact The first task for the circle regarded At this point I broke the circle rule and on the parents which reflected in the identifying the key issues. The focus of interrupted her to explain that what she final circle round where the circle was these issues revolved around the had just described was called restorative asked for ideas on how some of these perceived lack of support from statutory justice and that with good quality issues can be resolved. agencies i.e., School, Social Services, training, this is achievable. Council etc; but mainly the Police. Ideas began to flow and once again the I then offered RJ training (and any cohesive effect of the circle process In twenty three years of Police service I further circle facilitation), to anyone allowed participants to see that they can honestly say that I have never felt so interested in working this way; at least were not alone with the problems and vulnerable, disliked and impotent as I did six people raised their hands in a show of that individual ownership and during that next hour as the talking piece support. responsibility from everyone concerned went from one angry person to the next. (including the young people) and a The remainder of this circle meeting saw willingness to work together to improve Cultural differences between their two these two communities coming together their community was necessary. communities were alluded to, but did not as concerned parents with the same goals seem to be a major or even and hopes for the future of their families. A follow up circle meeting to include the insurmountable issue for them. young people is planned for next week. They exuded a sense of empowerment It also became very clear that one of that is the magic of the circle. As a direct result of this meeting, the their biggest fears was that their children complaint against the Police was would be seriously injured or even killed Sandie Hastings is a Police Constable withdrawn and a healing process has if the issues were left unresolved. for Leicestershire Constabulary. begun. Case Study 3 I was invited to facilitate a circle of six parents from the African Caribbean community and six parents from the Somali community, all living in the same area in Leicester. The purpose of the meeting was to discuss an incident at a local college between their children which had involved knives and culminated in one young person being attacked and seriously injured with a machete. The parents had specifically asked that no Police were present at the meeting, however the local Police Inspector asked one of the community leaders whether it would be acceptable for me to facilitate the meeting. © docken
  14. 14. Resolution 36 Final Draft v6.qxp 5/7/10 5:27 pm Page 14 14 On Moving Forwards This article locates industry and is gaining ground in other restorative justice principles and values some of the threats production and service sectors under (Zehr 2002). The concept of and challenges the guise of lean and smarter working “continuous improvement” has merit in facing restorative methods (Eustice 2009). Essentially, terms of better practice and, if we justice within a “continuous improvement” is about broaden the definition of “worker” to brief historical focussing on the needs of the customer include not only the RJ facilitator but context and draws and involving workers directly in also victims, offenders, funders and on a number of developing and improving the quality of members of the public, we then create a sources to provide future direction. the final product with a view to adding dynamic body of “problem solvers” for The views expressed are those of the value and eliminating waste. crime in their community. The author and not necessarily those of the challenge of “continuous European Forum for Restorative The manufacture of the famous Model improvement” in the public sector may Justice. The intended audience is T Ford car in 1908 began an innovative have more far-reaching consequences experienced, reflective restorative approach that subverted the dominant in terms of how business is conducted justice practitioners in both the youth paradigm and revolutionised car than in the voluntary sector which is and adult sectors. production putting the car more within arguably more adept at changing to the reach of everyone (Tidd & Bessant prevailing circumstances. It is helpful Restorative justice has made steady 2009). Other car manufacturers too to be reminded that all change progress towards being seriously considered by policy makers, the learned quickly from Ford’s methods takes time and often requires us to judiciary and politicians as a genuine, and were able to innovate even further. question inherited ways of operating worthwhile response to crime. This has They provided more choice to with a view to providing the best been helped in no small way by consumers and also over time learned possible service. research findings and the provision of to improve the quality of the work by, for example, elevating the contribution Looking back on the more recent supranational policy frameworks such of the worker from a mere ‘cog in a origins of what we can call the as the Council of Europe Framework Decision on the standing of victims in wheel’ to a valued and creative restorative justice movement we can criminal proceedings 2001. ‘problem solver’ with pride in the final see that the precursors had at their eco friendly product. In the course of core a desire for a new justice Most EU member states now have almost 100 years, car production has paradigm that would change society’s legal provision allowing for, and in some completely changed. response to crime and at the very least cases requiring, the use of restorative provide victims and offenders with a justice practices particularly in the Can the restorative justice movement more beneficial experience of justice field of youth justice (Willemsens learn anything from this the field of than the judicial system was designed 2008). There is still much to be done in mass production? There is plenty of to provide. At the 2009 summer school relation to providing restorative justice scope for continued development of the of the European Forum for Restorative services in the adult justice system but restorative justice ‘product’ and how Justice, Professor Gerry Johnstone it is tempting to say “so far so good”. this is aligned with the requirements of outlined the history and development of Yet in the face of external threats such funders and generally accepted restorative justice over the past 50 as recession driven cut backs to funding and the public’s perception of crime as European Forum for Restorative Justice (Niall Kearney, centre) being more widespread than it is (Rajan 2009), and internal threats within the restorative justice movement itself (Gavrielides 2008), the challenges facing restorative justice have never been greater and we are far from being able to say that all is ok. We may look in these challenging times to unlikely sources for clues on what the future might hold and where we go from here. An analogy from the field of mass production may provide useful hints about the future and what we may need to do in order to thrive. The concept of “continuous improvement” has its origins in the car manufacturing
  15. 15. Resolution 36 Final Draft v6.qxp 5/7/10 5:27 pm Page 15 15 Youth Justice Face to Face years since Eglash’s creative Recent enthusiasm real people in real situations – tell us restitution. Johnstone cautioned for restorative justice restorative interventions are highly participants about the “Cohen effects” has come from the effective in reducing reoffending, ground up as local satisfying victims and boosting public whereby, to put it simply, the system communities invest confidence in the youth justice system. under reform incorporates the reform resources on their but remains essentially unchanged own iniative. That’s why the YJB strongly believes (Johnstone 2007). In other words, restorative justice should be integral to attempts to continuously improve are The YJB has always firmly believed all work undertaken by all of us working restorative justice should be at the in youth justice services – from early thwarted. He poses the challenges heart of the youth justice system. preventive work through to custody. facing restorative justice in two questions: Restorative processes enable victims But this is not just a trend being led from to have their say, and to talk about the the centre, although the YJB has invested - How to ‘grow’ restorative justice full impact of a crime on their lives. in initiative such as Making Good. practices while avoiding the Cohen effects? It also allows them to participate in the Local areas are starting to invest their resolution of the offence, receive own resources in restorative justice – - How to make sure that the growth of answers to questions they may have both within youth justice itself, and at practice fundamentally changes, for about the incident, and receive the wider local authority level. reparation for the harm caused. better, the societal response to In the end, it’s about making a dramatic wrongdoing? By the same token, the young people and positive difference to victims, who offend can talk about why they offenders and their communities. Among his helpful solutions, Johnstone committed the crime. They are also suggests that we retrieve the critical given the opportunity to help put things That’s why we need to make every message of RJ and represent it in a way right with the victim. effort to involve more victims in that enables decision makers to restorative processes, to heal the confidently replace the current system Young people can come to understand trauma they may feel, as well as to help the impact of what they have done, and young people steer clear of crime. rather than simply add restorative also learn not only how to repair the elements to it. He would also want to harm, but how to avoid causing it in the Zarina Ibrahim is Senior Policy us to engage in a more “sophisticated future. Advisor for the Youth Justice Board way” with the state criminal justice system on issues like punishment and Both in community and custody, the Text and picture provided courtesy of the retribution. Above all, he would want latest research – and the experience of Youth Justice Board and YJ Magazine. us to replace “evangelical boosting” about restorative justice with arguments that will convince “intelligent sceptics” (Johnstone 2009). It is a call for greater maturity and critical thinking. After 50 years of research, debate and practice in restorative justice we can modestly say that some people benefit from this approach to wrongdoing. In order for restorative justice to thrive we need to adapt and seize the opportunities the current challenges present, learn from other disciplines and renew our efforts to converse respectfully with each other and anyone concerned about crime and justice and how society responds to wrongdoing. Niall Kearney is Chair of the European Forum of Restorative Justice - RJC will be re-developing our website launched an online survey available this summer. Designed ten years ago on the site homepage so we can needs listen to what is important to you. redesigning to ease navigation and Please take five minutes to accessibility for users. RJC have contribute.