Restorative Justice – In a Nutshell

In a Nutshell: Adult Restorative Justice Strategy

What is restorative justice?

Restorative justice is an alternative to the usual justice process. While traditional justice involves going to court, trying a defendant, and waiting for a Guilty or Not Guilty verdict, restorative justice instead focuses on other ways to get justice done outside of the court room. Restorative justice aims to help a victim of crime recover from their ordeal, help offenders see the impact of what they have done, and hopefully leave both feeling that something positive has been achieved. This could be in the form of a direct meeting between victim and offender, educational initiatives to help offenders confront their behaviours, community service that is relevant to the crime committed, financial reparation to victims, or something else entirely.  It all depends on what suits the crime committed, what victims and/or offenders consent to taking part in, and what is safe and appropriate in each case.

Why is it important for victims of crime?

Not every victim’s idea of justice is the same. Some want to see their offender go to jail. Others just want to make sure no other person goes through what they have. Others again want answers as to why their offender chose to commit a crime against them. This is where restorative justice can help. Whilst the traditional criminal trial is very adversarial, and results in effectively a ‘winner’ and a ‘loser’, restorative justice provides victims with an alternative path that aims to lead to better understanding, rehabilitation and restoration.

What is this consultation all about?

The Department of Justice in Northern Ireland wants to make restorative justice part of the main criminal justice system in cases of adult offenders. It already exists in cases where offenders are under the age of 18. This consultation lays out how the Department intends to integrate restorative justice into the mainstream criminal justice system. The Department proposes that restorative justice measures should be available at every stage of the system – in a preventative way in cases where someone is at risk of committing crime, as an early intervention in cases where someone has started down a criminal path, right through to including restorative justice as part of sentencing and rehabilitation for those on probation.

What do we think about that?

Victim Support NI are in favour of integrating restorative justice approaches throughout the criminal justice system. If delivered well, restorative approaches provide an unparalleled opportunity for victims to have their voices heard and their individual needs addressed. Restorative interventions offer victims the chance to regain control in a way that the criminal justice system cannot. Evidence shows that restorative justice is effective in improving outcomes for victims, communities and offenders, reduces recidivism and helps to repair the harm caused by crime.

We also know that, if done right, restorative justice isn’t a ‘soft option’. It requires work, remorse and self-examination by offenders, and should lead them to confront their own behaviours and the impact they have had on people.

To make sure that restorative justice is introduced into the justice system in a way that is beneficial for victims, a number of things have to happen:

• Victims’ voices need to be heard, their needs considered, and a truly integrated approach developed in order to ensure that restorative practice can be an effective option in the pursuit of justice.
• Victim Support services need to be involved. This will ensure effective engagement with victims and will ensure that victims are safeguarded throughout the process.
• The system needs to be flexible. Often, the traditional criminal justice system is rigid and bound by strict rules. For restorative justice to work, it needs to be able to meet the needs of individual victims and be tailored to the unique circumstances of a victim and offender.
• Communication with victims in a meaningful way is key. Not all victims will want to take part in restorative justice, and that is their right to make that decision. What is important is that victims are given the opportunity to take part if they wish, are given the information in a timely fashion, and are kept updated about any restorative initiatives that offenders are taking part in even if they themselves aren’t involved.
• Victims must be able to make a free, informed decision about whether they wish to take part in restorative justice. They can only do this if they are fully informed, have their voices listened to, and are given enough time and space to make a decision about whether they wish to be involved.
• It should always be understood that although the rehabilitation of offenders is a good thing, it is not the job of victims to make their offenders better people. Some victims may wish to contribute to an offender’s rehabilitation to prevent future victims from experiencing what they have. Others may not. And that is their right.
• For restorative justice initiatives to work, they need to be well-resourced.

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