Empowering Young People to Influence Policy & Practices

“Drawing together research, policy and practice for restorative justice”.

London, 22nd November 2010

IARS – ICCCR Expert Seminar

Talking about “restorative justice” Many definitions and yet there is ambiguity & conceptual fault-lines (Gavrielides 2008)

"Restorative justice is an ethos with practical goals, among which is to restore the harm done by including all affected parties in a process of understanding through voluntary and honest dialogue, and by adopting a fresh approach to conflicts and their control, retaining at the same time certain rehabilitative goals" (Gavrielides 2007)

RJ Practices: Victim-Offender mediation (direct & indirect), family group conferences, healing and sentencing/ peacekeeping circles, community restorative Boards (Bazemore and Walgrave 1999, Johstone 2001, Crawford and Newburn 2003).

Empowering Young People to Influence Policy & Practices

Ground rules for the discussion Chatham House rule: “participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed”

There is a journalist amongst us (BBC) but not to report on what people say

If you object having your photo taken please say so

The discussion is recorded but for the purposes of research

Discussion to be held in the restorative way.

Empowering Young People to Influence Policy & Practices

Background & impetus for the seminar

• The opportunities of the last 10 years and the momentum of the new policies and government crime reduction strategies

- RJ back in the 1970s and in the shadow of the law- 1998 Crime & Disorder Act, 1999 YJCE Act- 2001 EU Framework Decision mediation in criminal

proceedings- 2002 UN Resolution on the principles of RJ- 2003 national strategy on restorative justice- 2006 YJB Action Plan

• And then … the flurry of activities waned! Was it because the evidence was not there? What it because the evidence was not positive?

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Background & impetus for the seminar

• “The evidence on restorative justice is far more extensive, and positive, than it has been for many other policies that have been rolled out. Restorative justice is ready to be put to far broader use” (Sherman and Strang 2007), JRC 2001 est. £7-8 million gov funding on research/ evaluation of RJ

• Yet again, there is a momentum, however:

• Gavrielides T (2007) Restorative justice theory and practice: addressing the discrepancy, Helsinki: HEUNI

• Anxiety: power/ interest battles within the restorative justice movement (top down agendas, accreditation & standards, monopoly and funding, definitions & public awareness).

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Aims of the seminar- to initiate an international debate that will assist the development of

improved practices, better informed policy and more grounded research on restorative justice

- to bring together key names in the field of restorative justice who are working on research, practice and policy but have not been able to communicate with each other before; create a network between them and facilitate future dialogue

- to explore any gaps in the area of accreditation and standards of restorative justice and propose ways forward

- to hear from practitioners, researchers and policy makers what their key, current interests and concerns are in the development and implementation of restorative justice and devise a strategy.

Empowering Young People to Influence Policy & Practices

Agenda

13:00 – 13:15: Welcome & purpose of the seminar (Dr. Theo Gavrielides)

13:15 – 13:30: Restorative justice: practice gaps & aspirations (Ben Lyon)

13:30 – 13:45: Restorative justice: research gaps & aspirations (Prof. Gerry Johnstone)

13:45 – 14:00: Restorative justice: policy gaps & aspirations (Graham Robb)

14:00 – 14:30: Discussion (All)

14:30 – 15:00: Coffee break

15:00 – 16:00: Discussion & Next steps (All)  Empowering Young People to

Influence Policy & Practices

About the hosts: IARS and ICCCR

The International Centre for Comparative Criminological Research (ICCCR) is an Open University centre of research excellence. The ICCCR unites contemporary practice-based research and critical policy analysis in crime, policing and criminal justice with an awareness of historical, psychological and social contexts.

Independent Academic Research Studies (IARS) is a youth-led social policy think-tank that was set up in 2001 to empower young people to inform and influence policies and practices that affect them. We have expertise in restorative justice, criminal justice, human rights, equality and public legal education.

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Your involvement is key• Although UK focused, there is international interest in our findings

and recommendations

• HEUNI publication (European Institute of Crime Prevention and Control Affiliated with the United Nations) based on today’s seminar

• Home Office, Ministry of Justice, YJB etc representatives

• Accreditation and standards professionals and academics

• Consider donating, becoming an IARS member of buying our publications (to cover the costs for lunch and packs); enable us to do similar free seminars and receive final publication. £10 can give a disadvantaged young person at IARS training and work placement for a week!

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Restorative justice programmes currently run by IARS

- Mediation and restorative justice in prison settings - An international project co-financed by the European Commission Criminal Justice Programme 2008. The UK programme looks at the use of restorative justice in juvenile secure estates

- Restorative justice for serious and complex cases – “Violence against women and restorative justice” Gavrielides & Artinopoulou (Panteion University, Greece), “Restorative justice and hate crimes”, (Greece, Croatio and the UK)

- Bringing human rights and restorative justice values under one roof – “Rights and restoration within youth justice” de sitter publications: Canada 2012, Gavrielides

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Why restorative justice?

There is positive evidence on:

Victim satisfaction

Victim monetary/ material compensation

Victim non-material compensation (apology, healing)

Reduction of re-offending (recidivism)

Offender satisfaction

Community impact

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Why not restorative justice

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Restorative justice may not be punitive but has implications for the offender, the victim, the community:

Risks to suspects (principle of voluntariness, presumption of innocence human rights principle, coercion)

Double jeopardy (Article 6 Human Rights Act)

How reconcilable is RJ with the human rights doctrine?

Risks to child defendants

Principle of proportionality (sentencing)

Power imbalances (gender, age, race, socio-economic status)

Re-vicitimisation

A cost-benefit analysis of RJ: Based on 342 cases, for every £1 spent on restorative justice, up to £9 was saved in lowering the cost of offending. In total, the 342 cases that were processed through restorative justice saved the criminal justice system £7.29m (Shaplant et al 2008: Ministry of Justice Research Series 10/08)

Miers et al (2001) £177 – £712 per case, Holdaway et al (2001) £410 per case

The average cost per person proceeded against in the courts is £2,700 (Home Office 1999).

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RJ standards accreditation and innovation“While it is good that we are now having debates on standards for RJ it is a dangerous debate. Accreditation for mediators that raises the spectre of a Western accreditation agency telling an Aboriginal elder that a centuries old restorative practice does not comply with the accreditation standards is a profound worry” (Braithwaite 2002)

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Ben Lyon: Senior restorative justice practitioner

Register of Restorative Justice Practitioners

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Prof. Gerry Johnstone: Professor of Law, Director, MA in Restorative Justice

Research Director, University of Hull Law School

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Graham Robb: Board member of the Youth Justice Board for England and Wales

Empowering Young People to Influence Policy & Practices

Discussion Guide:

- Remember the key objectives of the seminar!

- Issues raised by Gavrielides, Lyon, Johnstone, Robb: Need for practitioners and researchers to work closer Type and level of accreditation needed for the RJ sector

and the role of Universities in facilitating this Current policy and legislative backdrop: what are the

Home Office/ Ministry of Justice priorities/ plans? What are the policy gaps particularly in the area of

restorative justice with juveniles? RJ within the current cultural & political context

- Next steps and prioritiesEmpowering Young People to Influence Policy & Practices

This was a seminar jointly hosted by IARS and ICCCR of Open University

Contact details

Dr. Theo GavrielidesT.Gavrielides@iars.org.uk3B, Park Place, 10-12 Lawn Lane, London SW8 1UD, UK020 8133 8317, Office Mob: 07970924535www.iars.org.uk

  With the financial support of EU Grant agreement no JLS/2008/JPEN/015-30-CE-0267156/0039 for the MEREPS project.

Empowering Young People to Influence Policy & Practices