Resolution 36 summer 2010

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 www.restorativejustice.org.uk


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
E:dan@restorativejustice.org.uk
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: info@restorativejustice.org.uk
the RJC on our financial management,
W: www.restorativejustice.org.uk
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
© istock.com/LeggNett.The 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 www.restorativejustice.org.uk


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.” info@restorativejustice.org.uk.
key feature of the UK criminal justice Read the full article at Start a Restorative Network
system”. www.restorativejustice.org.uk/?Media
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 info@restorativejustice.org.uk.
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 www.restorativejustice.org.uk- 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.


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 info@restorativejustice.org.uk.
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


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 www.rein.uk.com or
belief that every person harmed by to this type of crime. it leads to www.lat.org.uk, or email us at
crime and conflict, including both many more young people carrying info@restorativejustice.org.uk
victims & those who have weapons (to make them feel safer,
offended, should have the whilst not realising that it


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


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
www.theforgivenessproject.com


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


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 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


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 © istockphoto.com/Franck-Boston
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? www.restorativejustice.org.uk
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

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

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.
© istockphoto.com/ docken


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

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 - www.restorativejustice.org.uk
www.euforumrj.org 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
www.restorativejustice.org.uk needs listen to what is important to you.
redesigning to ease navigation and Please take five minutes to
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Resolution 36 summer 2010

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Resolution 36 summer 2010