Restorative Justice has three inter-connected elements: â Those who harm others ought to be accountable for their acti
Restorative Justice in Scotland
Whenever people have been harmed or injured by the actions of others, all those involved will potentially have a range of complex and diverse needs. In recent years, there has been growing recognition across Scotland that many of these needs can be effectively met through a voluntary, approach called ‘Restorative Justice’.
What is Restorative Justice?
Restorative Justice has three inter-connected elements: Processes
Values Values
Those who harm others ought to be accountable for their actions by owning up to what they have done, showing remorse, making amends and taking steps to change their behaviour.
Those who have been harmed should be given the opportunity to participate in a process that meets their needs as they see them.
Genuine accountability, healing and change arise from decisions and actions that are freely chosen.
The process should make sense to all those involved as helping to repair or address the harm, not as punishment, vengeance or retaliation.
Every human being - regardless of what they have done or who they are - deserves to be treated with respect and fairness.
Skills
Skills Restorative justice facilitators need to be . . .
active listeners
impartial
problem-solvers
conflict-managers
empathetic
clear and informative
trustworthy
professional
flexible
Processes All restorative justice processes have the same basic aim and structure: they are designed to enable those involved to speak openly and honestly about . . .
The Facts: what happened and why
The Consequences: how people have been affected
The Future: how the harm can be addressed and prevented
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What Restorative Justice Processes are used in Scotland? Facilitator
Restorative (Justice) Conferences are meetings in which those directly involved can invite support persons to attend (e.g. family members, social worker, staff). This process is normally used where the incident has caused significant harm to individual(s), and where the support people are essential for a positive outcome
Support Person
Support Person Person Responsible
Person Harmed
Support Person
Support Person Co-Facilitator
Facilitator
Face to Face Meetings are attended by those directly involved. It is used where support people would be unnecessary or unhelpful.
Person Harmed
Person Responsible
Facilitator
Restorative Justice Circles are used in an institutional context (schools, residential units and prisons). They are arranged when an incident involving a number of individuals has caused significant harm to themselves and others in the establishment (e.g. a riot, destroying facilities, abusing staff, etc.)
Persons responsible and/or harmed
Co-Facilitator
Facilitator
Shuttle Dialogue involves the facilitator acting as a ‘go-between’ to enable those directly involved to have a constructive dialogue. It is used where either participant cannot or does not wish to meet the other.
Person Responsible
Persons Harmed Facilitator
Support Person
Restorative Police Warnings involve a police officer facilitating a discussion with the person responsible and their support person(s) about the facts, consequences and the future. The outcome can include a letter of apology to the person(s) harmed.
Facilitator Person Responsible
Persons Harmed Facilitator
Support Person
Restorative Family Group Conferences are attended by the person responsible, support persons, and professionals. (1) Beforehand, the person harmed conveys their views to the facilitator, (2) who relays them in the meeting. The professionals then present their perspective and the available resources. (3) The family meet privately to devise a plan that will address the harm and prevent re-offending. (4) They present their plan, which is refined and written down. (5) The final outcome may then be fed back to the person harmed.
Victim Awareness programmes involve only the person responsible in oneto-one or group-work sessions with a facilitator. It is used only where the person harmed cannot be contacted or does not want to communicate with the person responsible.
Restorative conversations are a 5-10 minute discussion between a staff member (e.g. of a school or prison) and the person responsible. They are used after a minor incident that may have indirectly harmed others. The facilitator helps them to think through the reasons for their behaviour, how it might have affected others, and alternative ways of behaving in the future.
Support for Persons Harmed involves a discussion between the facilitator and the person harmed, and aims to address their hurt, fear and anger and meet their needs as they see them. The process is used only if the person harmed doesn't know the person responsible, or doesn't want to reveal their identity or communicate with them.
Facilitator
2.
Professionals
1.
3.
Facilitator
Person Harmed
5.
Person Responsible and ‘Family Group’
4. Co-Facilitator
Facilitator
Person Responsible
Facilitator
Person Responsible
Facilitator
Person Harmed
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What can Restorative Justice do?
For the person harmed . . .
For the person responsible . . .
it can give them the opportunity:
It can give them the opportunity:
To have their views and needs taken into account.
To learn that their actions can have
To find out what happened and why.
To develop their conscience and
To convey the suffering and distress that they have experienced or continue to experience.
To take responsibility and be
To have the value of their losses acknowledged and amends made.
To motivate them to desist from future
To receive a sincere apology.
harmful consequences for others. capacity to empathise. accountable for their actions. harmful behaviour.
For the community . . . it can give them the opportunity:
To use an approach that restores and builds relationships and support networks.
To be able to draw on and strengthen community-based resources and solutions.
To have a process that enables those who cause material damage or emotional distress in the community to repair or address the harm they have done.
Where does Restorative Justice fit?
Interpersonal Skills Active listening, empathy, courtesy, negotiation accepting criticism, encouraging, supporting, respecting differences, taking responsibility, apologising, cooperation
Building relationships
Strengthening relationships Solving problems & challenges Resolving conflict Addressing harm
Mentoring, Mentoring, Buddy Systems CommunityCommunity-Building Circles
ProPro-active
ProblemProblem-Solving Circles FamilyFamily-Led DecisionDecision-Making
ReRe-active
Mediation, Mediation, Peer Mediation Restorative Justice* Justice*
* Includes: Restorative Conversations, Victim Awareness, Support for Persons Harmed, Shuttle Dialogue, Face-to-Face Meetings, RJ Conferences, RJ Circles and Restorative Police Warnings.
For more information, please see: http://www.restorativejusticescotland.org.uk
