Restorative justice (RJ) provides opportunities for those directly affected by an offence – victim, offender and members of the community – to communicate and agree how to deal with the offence and its consequences.
The YJB’s publication
Key Elements of Effective Practice: Restorative Justice defines the key aims or outcomes of RJ as:
- victim satisfaction – reducing the fear of the victim and ensuring they feel ‘paid back’ for the harm that has been done to them
- engagement with the young person – to ensure that they are aware of the consequences of their actions, have the opportunity to make reparation and agree a plan for their restoration in the community
- creation of community capital – increasing public confidence in the criminal justice system.
The basic principles include:
- putting things right and healing relationships, thereby giving high satisfaction to victims and reducing reoffending
- ensuring that those directly affected by crime are involved in the process and that their wishes are given careful consideration
- making positive outcomes for victim and community valid objectives, alongside changes in behaviour and attitude of the young person
- addressing and being sensitive to particular cultural and special needs and be based on anti-discriminatory practice, with an understanding and respect for the diversity of different communities.
Restorative justice and reparation in the youth justice system
Restorative justice is an important underlying principle for all youth justice disposals, from Final Warnings and Referral Orders to Reparation Orders, Action Plan Orders and Supervision Orders.
Restorative processes provide opportunities for victims, offenders and the community to communicate and agree how to deal with an incident. Although restorative processes typically result in practical reparation, the communication between victim and offender can also produce powerful emotional responses leading to mutual satisfaction and socially inclusive outcomes.
The best known and most commonly used restorative processes are:
- Victim–offender mediation
The victim and offender, helped by a facilitator, communicate with one another. This may be by direct meeting or, if preferred by either the victim or the offender, indirectly with the facilitator acting as ‘go between’ in a ‘shuttle mediation’. Questions may be asked, information exchanged and an agreement reached.
- Restorative conferencing
Supporters, as well as victim and offender, meet together in a conference with a trained facilitator. Outcome agreements set out what the offender will do to address the harm done. Reparation and also involvement in a rehabilitative programme – to address the underlying causes of offending behaviour – may be agreed.
- Family group conferencing
The offender, with members of his/her extended family, meet with the victim and supporters of the victim and possibly representatives of agencies, e.g. social services and schools. The meeting is facilitated by an independent facilitator and after all views have been stated, the family have a private meeting time to draw up a plan which is submitted to the whole conference for acceptance.
- Referral Order Youth Offender Panels
First-time convicted young offenders and parents meet with community volunteer panel members to discuss the offence and its consequences and agree a contract for reparation and rehabilitation. Victims are invited to attend the panel or may have their views represented. Contracts are reviewed and cases can be referred back to court.
Reparative processes are ways of repairing the damage caused by offending behaviour. Reparation is generally viewed as restorative only when the victim has been consulted and the offender has not been coerced to provide reparation. Reparative processes include:
- Reparation to the victim
E.g. an oral or written apology, or financial or supervised activity-based reparation to the victim.
- Community reparation
Includes a variety of activities to ‘pay back’ benefits to the community, including work similar to community service activity.
Key documents
Developing Restorative Justice: An Action Plan [43Kb PDF, opens in new window], was published in November 2006 and sets out proposed actions to be carried out to promote effective restorative justice practices.
The National Standards for Youth Justice Services has guidelines for restorative justice work on page 31.
To develop and improve reparation as part of the Youth Crime Action Plan [80Kb PDF, opens in new window] is a guidane note for YOTs on all aspects of reparation practice, particularly in light of the Youth Crime Action Plan [opens in new window].
The Home Office consultation document Restorative Justice: the Government's Strategy [858Kb PDF, opens in new window] presents current knowledge of what works in restorative justice, as well as practical issues. Click to access a summary of responses to the consultation [212Kb PDF, opens in new window].
The Home Office has issued best practice guidance for restorative practitioners, their case supervisors and line managers. This is available on the Home Office website [opens in new window].
The Home Office website contains a guide on restorative justice for local police forces, prosecutors and offender managers, which was published in March 2005. Click to read Restorative Justice: Helping to meet local needs [opens in new window].
Click to find out more about restorative justice targets; research; and RJ in schools.