Frequently Asked Questions |
| At what point in the criminal justice system can Restorative Justice be used? Restorative justice processes can be used at any point in the criminal justice process as long as all parties agree. If an offender is incarcerated or under any kind of detention, it may be necessary to acquire the consent of those responsible for the detention in order for a restorative intervention to occur. What is an offender's motivation to take part in a restorative justice process? Motivation will be specific to the individual, and may depend on what stage of the system they are in. Rationale might include a need to explain what happened from his/her perspective. He/she may be prompted by work undertaken in programs in prison such as Victim Awareness. A person who has offended may want to make amends for the harm caused. If in prison, they may want to make a fresh start on release. Even where an offender's sole motivation is sentence reduction, a restorative approach can be worthwhile as long as the victim is aware of this. Research has shown that where sentence reduction appears to have been an offender's sole motivation in the beginning, their attitude often changes through the course of the process. What is a victim's motivation to take part in a restorative justice process? Again, motivation depends on the person. Victims may only feel comfortable with participation after a period of time has passed. They may enter a restorative justice process at any point. Victims often have unanswered questions which can only be answered by the offender: Why did you do it? Why me? Research shows that some victims need answers to these questions in order to start their recovery. Victims may wish to communicate to the offender the impact that the crime had on them. There is the potential for them to receive emotional, financial, or practical reparation, or suggest some form of indirect reparation such as community service. Evidence shows that some victims value participating in a process that has the potential to help the offender refrain from re-offending. What are the limits to confidentiality? Limits to confidentiality are agreed to by the parties at the outset of any restorative justice process. Confidentiality may be limited with regard to the requirements of law. It is acceptable and in fact part of the restorative justice process for participants to talk to family and friends about their experiences. How is initial contact made with a victim and by whom? The first person to contact a victim following a crime is normally a police officer and/or a Victim Support worker. Ideally they should ask the victim whether he/she would like to pass details of the crime to a restorative justice facilitator. What happens if one party declines to participate, or terminates their participation? Victim not willing: Informed choice is a key value of restorative justice. Ensuring that victims can make an informed decision on their participation (if any) to dealing with the aftermath of an offense can be restorative in itself. The opportunity to say no, on its own, can be empowering for the victim. Where victims do not wish to be involved there may be someone close to them who is willing to participate on their behalf — with the victim's agreement — to convey the harm caused. Under no circumstances should a victim be pressured or "convinced" to participate. Offender not willing: Where the offender is not willing to participate in a restorative process, other opportunities to help set the needs of the victim can be offered. Victims can request to be informed of any future developments and outcomes concerning the case. With the offender's consent, other information could also be communicated. Allowing offenders to take responsibility for their behavior and enabling them to make amends in the most appropriate way possible can be restorative. In certain programs offender participation is mandatory and even if mandatory there is usually some benefit to offender and victim. Is a restorative approach still possible if the offender is in prison? Yes, as long as both parties and prison officials are willing. The offender has pleaded not guilty in court. Can restorative justice processes be used? As long as the offender admits some involvement and acknowledges some responsibility, restorative processes are still an option. However, the victim will need to know the extent/nature of the acknowledgement of responsibility in order to make an informed decision regarding his/her participation. The offender is going to plead not guilty in court. Can participating in a restorative process be used as evidence? All parties should be made aware that in order to take part in a restorative process the offender must admit some involvement and/or acknowledge some responsibility for an act. However, this is often not the same as a legal admission of guilt. The offender does not admit any involvement or acknowledge any responsibility for the offence. Can a restorative justice process be used? No, it would be inappropriate to deal with the incident using restorative methods. Processes that force offenders to assume responsibility unwillingly are not restorative and are likely to have negative outcomes for all participants. What happens if there are several victims and or several offenders? Where there are several victims/offenders, each participant will be contacted separately and invited to be involved in a restorative justice process. The level of involvement for each participant will more than likely be different, and each must be treated individually. Likewise participants will probably move at different paces. It must be remembered that the process belongs to the participants. Where a victim wishes to meet with all or some of the offenders at the same time, each offender must consent for this to happen. Corporate victims If the victim is a business/organization, the person(s) most affected by the offense should have the opportunity to be involved in the process. Corporate offenders Companies and other corporate bodies can be offenders as well as victims. These cases can be dealt with restoratively through the civil courts, with the offending organization agreeing to take action to prevent re-offending, and to provide any appropriate treatment and compensation to the victims. What if there is no identifiable victim? Restorative work can still occur. Offenders can be encouraged to acknowledge responsibility for the harm caused and understand the potential impact of their behavior. Once an offender has admitted responsibility for their actions, community reparation could be an option. The victim might be the community in general. In this case, offenders can meet with representatives of the community. Can restorative justice be used in cases of serious violence? Yes. Research shows that RJ works best in cases where the offense has been of a serious nature. In cases where this is an issue, victims have the most to gain by participating in receiving answers to questions, receiving restitution, etc. What if the offender has not been apprehended? There may be restorative support services available to victims even though there has not been an offender directly associated with the particular crime. Do victim/offender agreements get fed back to courts? This depends on the stage of the case. Pre-sentence: The courts should be made aware of the agreements that result from a restorative process, the nature of the agreement, and any formal outcome. The discussion, however, should remain confidential and should not be disclosed. Post sentence: If a sentence is breached, courts may look to any restorative intervention that has taken place. A parole board may also ask for information regarding any agreement and/or outcome of a restorative intervention. Will the results of a restorative intervention affect final sentencing of an offender? Not necessarily, and the participants should be made aware of this. Any outcomes and agreements will be brought before a court and it is up to the courts whether to follow all, part, or none of the outcomes of a restorative process. Is a final agreement essential to a restorative intervention? No. Although an agreement often is formulated after an intervention, it is not the main focus or purpose of an intervention. A restorative approach is intended to open a dialogue between all parties involved in order to understand the harm that was caused and offer an opportunity to those involved to repair the harm done to the extent possible. How are agreements monitored? When an agreement has been reached, a plan is developed that clearly outlines the terms of the agreement, timeframes in which the agreement will be carried out, and what type of monitoring will be in place to ensure compliance. The plan is then signed by all parties, the facilitator, and the individual responsible for monitoring the agreement. What happens if the agreement is not met or it is breached? Another intervention is encouraged to discuss the reasons as to why the agreement was broken or why the conditions have not been adequately met. In some cases the breach may have been caused by other happenings such as a court appearance. From Restorative Justice Consortium (www.restorativejustice.org.uk). Used with permission. |