Restorative Justice and Practice

How do you change criminals, the anti-social, offenders, people who cause conflict? Perhaps you can't with some, and we have locked most of them up in prison just in case. And prison has not improved them. Also, what part does the victim play in the justice system? Nothing, they are entirely sidelined. The offence against them personally, and the compensation that ought to be their due is hijacked to become an offence against the state. The adversarial way the case is heard might mean the best barrister wins and the guilty offender is declared innocent, sometimes to terrorise the victim. So, all is not well in the so-called justice system.
Restorative Justice seeks to make restoration by attempting to resolve the conflict caused by the offence and as much as possible 'restoring' the situation as close as possible to how it was before the offence took place. The offender meets with the victims in the company of a facilitator. Having ascertained the facts from both offender and victim, the facilitator asks the offender firmly and persistently who has been affected by the offence, and how. The victims are asked the same question. Then the offender is asked how the harm can be repaired, and an agreement is made. If this agreement is broken, then the case moves out of restorative justice and into court. It can be used from low level nuisance to violent crime. Research show a high satisfaction rate for victims - 85% - and much lower rates of reaffending. The perpetrator often for the first time understands that his victims have been hurt and can no longer block this out.

In schools, conflicts can be dealt with similarly, by establishing the facts, discussing who has been affected and how, and making an agreement to put right the harm. This turns a situation of conflict and confrontation into a learning experience for the perpetrator, who then has a chance to apologise and make restoration, and build a new relationship with the victim. It is the opposite of a soft option - it destroys any defensive front that perpetrators have been used to hide behind. It makes them very vulnerable, and by doing so enables them to build new values.

The principles of restorative justice can be used to discuss everyday practice - how to behave in a fair and equitable way. There does not need to be an offence, simply the context which allows young people to imagine a scenario and discuss the implications. This would then merge naturally into restorative justice, since this style of questioning simply is applied to any minor conflict that takes place, resolving an issue quickly and without confrontation.

At a conference in Swindon hosted by the Mayor and led by Sir Charles Pollard of Restorative Solutions, supported by headteachers, the police and community justice, applications were discussed and research data given. The importance of adopting this approach in the justice system, and in schools, was described as a 'no brainer' - there are only benefits, in success rates, costs and community cohesion. The only impediment is a conservatism that prefers vengeance and punishment to reconciling the conflict with a long term solution.