RESTORATIVE JUSTICEand YOU!

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Restorative justice provides opportunities for those directly affected by an offence –victim, offender and members of the community – to communicate and agree how todeal with the offence and its consequences.

The basic principles include:

• Putting things right and healing relationships, thereby giving high satisfaction to victims and reducing re-offending.

• Ensuring that those directly affected by crime are involved in the process and that their wishes are given careful consideration.

• Making positive outcomes for victim and community valid objectives, alongside changes in behaviour and attitude of the young person.

• Addressing and being sensitive to particular cultural and special needs and be based on anti-discriminatory practice, with an understanding and respect for the diversity of different communities.

Restorative processes provide opportunities for victims, offenders and the communityto communicate and agree how to deal with an incident. Although restorative processestypically result in practical reparation, the communication between victim and offendercan also produce powerful emotional responses leading to mutual satisfaction andsocially inclusive outcomes.

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VICTIMSA crime or wrongdoing can affect people in different ways. Many people feel strong emotionslike anger or confusion or nervousness or unsettled. The effects of a crime or wrongdoing canlast for a long time even if others think that the crime or wrongdoing is not very serious. Forinstance stealing something from someone can affect them just as badly as if you had assaultedthem, even though they have not been physically hurt.

Other people can also be hurt even when you have not committed the crime or wrongdoingagainst them. These people are indirect victims. It may be that your parents feel shame orembarrassment about what you have done or, that they are shunned by their friends andneighbours. It could be that other people, who were to benefit from money that has beenstolen, cannot now benefit from things the money could have bought.

Direct Victims – People who are affected directly by what you have done e.g. the person youassault, the person who owns something you have stolen or broken.

Indirect Victims – People who are affected but who are not thepeople who you have offended against e.g. your parents, family

of your victims etc.Just because they are not directly affected by your

activities, does not mean they are not victims ofwhat you have done. For instance, the family of

someone you have hurt, may have to pick upthe pieces of your actions because they

have to counsel or look after yourvictims until they are able to get overwhat you have done.

Insurance premiums for motoristsare higher than they should bebecause there are so many claimsfor stolen cars. Similarly shopprices are high because it cost thetrade many millions of pounds instolen goods. Therefore sometimesthe general public can be a victim if

you steal.

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HHooww II aaffffeecctteedd mmyy ddiirreecctt vviiccttiimm HHooww II aaffffeecctteedd mmyy iinnddiirreecctt vviiccttiimm

TThhiinnkk aabboouutt yyoouurr ddiirreecctt vviiccttiimm TThhiinnkk aabboouutt yyoouurr iinnddiirreecctt vviiccttiimm

DIRECT AND INDIRECT VICTIMSThink of something you have done wrong – even if you have not been in trouble with thepolice about it.

Write below who this affected (looking at the definitions of direct and indirect victims).

Now write down how what you did affected the people in the list above

Think about your offence.What do you think you could do to try and repair the harm done?

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CASE STUDYThomas is 16 years old living at home with his parents and younger sister. He is not at schooland will not go to a training provider to improve his education and chances of employment,therefore he received no income. His parents had received an envelope through the door froma well-known children’s charity with a note saying it would be collected by a representative onthe Friday of the following week.

Thomas decided that the money would be better off in his pocket and decided that he wouldcollect the money on the Wednesday before. He made an identification badge on his computerand a letter from a fictitious character at the charity confirming Thomas was authorised tocollect the money on their behalf.

Thomas collected the money from the neighbourhood, taking care not to collect from his streetor inform anyone he knew.

When the fraud came to light,Thomas was identified and arrested.

11..WWhhoo wweerree tthhee ddiirreecctt vviiccttiimmss??

22..WWhhoo wweerree tthhee iinnddiirreecctt vviiccttiimmss??

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CASE STUDYJane and Mary are two sixteen-year oldgirls who were out shopping in their localtown. Both encouraged each other totake things without paying and whilst in aclothes shop one took a pair of jeans, ina chemist shop one took some make-upand then in the local supermarket, theytook some greetings cards and somechocolate. One of the girls had beencaught on CCTV and the Police and othershops were alerted. The girls were laterfound by the Police and arrested. When theywere cautioned, they both blamed each otherand one said that the amount taken had not beenvery much and the other had said that all the shopswere covered by insurance and the girls did not understandwhy they had been arrested.

11..WWeerree aannyy ooff tthhee ggiirrllss eeiitthheerr mmiinniimmiissiinngg oorr mmaakkiinngg eexxccuusseess ffoorr wwhhaatt tthheeyy hhaaddddoonnee aanndd iiff ssoo wwhhaatt wweerree tthheeyy ssaayyiinngg??

22..WWhhoo wweerree tthhee ddiirreecctt vviiccttiimmss aanndd wwhhoo wweerree tthhee iinnddiirreecctt vviiccttiimmss iinn tthhiiss ccaassee??

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Think of a time when someone has done something wrong against you.

Write down how you felt about this and what you wanted the wrongdoer to do to put it right.

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WWhhaatt hhaappppeenneedd?? HHooww ccoouulldd tthheeyy ppuutt iitt rriigghhtt??

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Think of a time when someone close to you has been the victim of a crime:As a direct victim

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i) How did you think they felt?

ii) How did they react immediately after it happened?

iii) How did they feel six months after it happened?

iv) What did they think about the person who committed the crime or wrongdoing?

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Now think who else in your family and outside your family has been affected by crime orwrongdoing.

IInn ffaammii llyy HHooww aaffffeecctteedd

OOuuttssiiddee ffaammiillyy HHooww aaffffeecctteedd

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MAKING DECISIONS1. In the left box of the diagram below, write down the current situation relating to your

behaviour.

2. In the right box write down what you want your behaviour to change to.

3. Using the template printed below write in the left column the positive things about changingyour behaviour e.g. ‘people like me’; and in the right hand column write down the negativethings about your current behaviour e.g. ‘I am always getting into trouble’.

4. Write down in the box ‘How I will change’ how you will try to get from the current situationto the desired situation and who will you need to help you.

FORCE FIELD ANALYSIS TEMPLATE

Positive forces and reasons Negative forces and reasons

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HOW I WILL CHANGE

WWhhaatt ddoo II nneeeedd ttoo ddoo WWhhoo ccaann hheellpp

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TAKING RESPONSIBILITYTo help put things right with people that have been hurt, a person who has committed a crimeor wrongdoing must take responsibility for their own actions, that means accepting what youhave done and understanding the bad effect it has had on others.

Some people try to make excuses why they committed an offence or why they have donesomething wrong. They say ‘someone else made me do it’ or ‘everyone else was doing it too’.

People often try to make their offence or wrongdoing sound less serious than it is. This is calledminimising. They say things like ‘the thing I stole was old and no use anyway’ or ‘they were insuredso they haven’t lost anything really’.

Think of something you have done wrong and write down below what you actually said whenyou were caught – did you make excuses or minimise what you had done?

IIff ssoommeeoonnee ssttoollee ffrroomm yyoouu oorr iinnjjuurreedd yyoouu iinn aannyy wwaayy aanndd tthheeyy bbeeggaann mmaakkiinnggeexxccuusseess oorr mmiinniimmiissiinngg wwhhaatt tthheeyy hhaadd ddoonnee,, hhooww wwoouulldd yyoouu ffeeeell??

Answer:

HHooww wwoouulldd yyoouu ffeeeell iiff iitt hhaadd hhaappppeenneedd ttoo ssoommeeoonnee cclloossee ttoo yyoouu,, ll iikkee aa ppaarreenntt,,ffrriieenndd,, ssiisstteerr oorr bbrrootthheerr??

Answer:

WWhhaatt II ddiidd WWhhaatt II ssaaiidd

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VICTIM STATEMENTThe Victim Charter States:

‘You can expect the chance to explain how the crime has affected you and your interest to betaken into account. The Police will ask you about your fears, about further victimisation anddetails of your loss, damage or injury. The Police will take this information into account whenmaking their decisions’.

Now you know what a victim statement contains, you should write one of your own as if youhad been the victim of the crime you committed. Be honest when putting yourself in thevictims place and write what you would have said to the Police about.

((ii)) HHooww tthhee ccrriimmee aaffffeecctteedd yyoouu??

((iiii)) AArree yyoouu ssttiillll wwoorrrriieedd aabboouutt iitt hhaappppeenniinngg aaggaaiinn??

((iiiiii)) WWhhaatt hhaavvee yyoouu lloosstt?? –– NNoott jjuusstt iitteemmss bbuutt tthhiinnggss lliikkee sseellff--ccoonnffiiddeennccee,, ttrruusstt iinnootthheerrss eettcc..

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VICTIM STATEMENT

QQ..WWhhaatt hhaavvee yyoouu lleeaarrnntt??

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SO WHAT IS RJ?Restorative Justice works to resolve conflict and repair harm. It encourages those who havecaused harm to acknowledge the impact of what they have done and gives them anopportunity to make reparation. It offers those who have suffered harm the opportunity tohave their harm or loss acknowledged and amends made.

Conflict between people is inevitable, but when it occurs, Restorative Justice can help torestore the balance in a just and fair way. In resolving the harm done, it works to prevent ithappening again.

In a Criminal Justice setting:

The offender is seen as having committed an offence against the state.

Victims have very limited opportunity to say how they have been affected by an incident.

The system keeps victims and offenders apart and others speak for them.

The offender is not encouraged to accept responsibility.

In a Restorative setting, however:

The harm done by a crime is an offence against the person or community.

Victims are allowed the opportunity to participate.

Victims and others may be brought together with an impartial mediator to consider what.happened and find out what can be done to help put it right.

Responsibility and (re)integration are encouraged.

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RESTORATIVE JUSTICE IN THEYOUTH JUSTICE SYSTEMAn independent, trained facilitator enables the parties involved in the crime – victim(s),offender(s) and sometimes members of the community – to communicate with each other inorder to repair any harm that has been caused.

There are a number of different models for this process, the more common ones are:

• Victim/Offender Mediation (direct or indirect).• Family Group Conferencing/Meetings.• Restorative Conferencing.

It can provide victims with:

• An opportunity to explain the impact of the crime.• An acknowledgement of the harm caused.• A chance to ask questions. Some control and choice.• Peace of mind about the future.• Sometimes an apology/reparation/recompense is agreed.

It can provide offenders with:

• The opportunity to explain what happened.• The opportunity to try to put right any

harm caused.• Some self-esteem.• Re-integration into the community.

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IN SCHOOLS• Breaking school rules is often seen as an offence against the school not the person• Pupils involved in disputes are usually not required to accept responsibility for their

behaviour.• Punishments do not provide a way forward in resolving disputes.

However, Restorative Justice in schools:

• Accepts conflict as part of life.• Allows young people to take responsibility for their feelings and behaviour.• Empowers young people, teachers and parents to handle conflict in positive ways.• Reduces school exclusions.• Improves feelings of safety for staff and students.

There are a number of different models for this process, the more common ones are:

• A ‘Whole School’ approach including conferencing and mediation – teachers, governors,staff and pupils all take part and work to provide teacher and pupil satisfaction, improved communication and co-operation and often increased academic progress.

• Peer mediation for pupils and teachers.• ‘Circletime’ – The whole class getting together to discuss problems or issues.

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RESTORATIVE JUSTICE QUESTIONS

Offender:

What Happened?

What was going on before the offence?

Who was with you?

What did you do?

What did they do?

Were you pressured to be involved?

Offender:

What were you thinking at the time?What were you feeling?

How did you feel afterwards?

Did you think who may be affected?

Offender:

Who has been hurt/affected by whatyou did?

How have they been hurt/affected?

How do you think they will be feelingabout what has happened and you?

Offender:

Do you think you should try to makethings better for them?

What do you think you can offer to dofor them to make things better?

Are you willing to meet the victim to saysorry to them?

Victim:

What happened?

How did you find out?

Were you on your own?

What were you thinking?

What were you feeling?

Did you have any support at the time?

Victim:

How have you been hurt?

How did it affect you at the time?

How is it affecting you now?

Do you need any support?

Victim:

What are your thoughts now about theoffence/offender?

What would you like to see happen?

Are you willing to meet with theoffender to receive an apology fromthem?

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CCrriimmee pprreevveennttiioonn//rreedduuccttiioonn

AAbbeerrddeeeenn SSaaffeerr CCoommmmuunniittyy TTrruussttwww.absafe.org.uk

BBBBCCii CCrriimmee ssiittee www.bbc.co.uk/crime

CC oo mm mmuunniittyy SSaaffeettyy AAddvviissoorryy SSeerrvviicceewww.csas.org.uk

CCrriimmee RReedduuccttiioonn wweebbssiitteewww.crimereduction.gov.uk

DDyyssppeell Addressing the relationship betweendyslexia and offending www.dyspel.org.uk

JJiillll DDaannddoo IInnssttiittuuttee ooff CCrriimmee SScciieenncceewww.jdi.ucl.ac.uk

TThhee HHaammppttoonn TTrruussttwww.hamptontrust.org.uk

NNaaccrroo www.nacro.org.uk

NNeeww SSttaarrtt www.newstartmag.co.uk

RReenneewwaall ..nneett The online guide to whatworks in neighbourhood renewal www.renewal.net

RReessttoorraattiivvee JJuussttiiccee CCoonnssoorrtt ii uummwww.restorativejustice.org.uk

RReessttoorraattiivvee JJuussttiiccee TTrraaiinniinnggFFoouunnddaattiioonnwww.restorativejusticetrainingfoundation.co.uk

RReetthhiinnkkiinngg CCrriimmee && PPuunniisshhmmeennttwww.rethinking.org.uk

SS aa ffeerr TTrraavveell aatt nniigghhttwww.london.gov.uk/mayor/safer_travel/index.jsp

TThhee SSuuzzyy LLaammpplluugghh TTrruussttwww.suzylamplugh.org

TThhaammeess VVaall lleeyy PPaa rrttnneerrsshhiippwww.thamesvalleypartnership.org

CC oo mm mmuunniittyy

CCoommmmiissssiioonn ffoorr RRaacciiaall EEqquuaalliittyywww.cre.gov.uk

CCrriimmeessttooppppeerrss www.crimestoppers-uk.org

NNaattiioonnaall CCoouunncciill ffoorr VVoolluunnttaarryyOOrrggaanniissaattiioonnss www.ncvo-vol.org.uk

NNaattiioonnaall NNeeiigghhbboouurrhhoooodd WWaattcchhAAssssoocciiaattiioonn www.neighbourhoodwatch.net

OOaassiiss TTrruusstt www.oasistrust.org

TThhee QQuueesstt TTrruusstt www.quest-net.org

VViiccttiimm SSuuppppoorrtt www.victimsupport.com

CC oo mm mmuunniittiieess aanndd LLooccaall GGoovveerrnnmmeennttwww.communities.gov.uk

SSoocciiaall EExxcclluussiioonn UUnniittwww.socialexclusionunit.gov.uk

YYoouutthh JJuussttiiccee BBooaarrdd www.yjb.gov.uk/en-gb

PPoolliiccee Police Services of the UKwww.police.uk/

YYoouunngg PPeeooppllee

BBuull llyyiinngg OOnnlliinnee www.bullying.co.uk

CChhaannccee UUKK www.chanceuk.com

CChhiillddlliinnee www.childline.org.uk

CCoouunncciill ffoorr EEdduuccaattiioonn iinn WWoorrllddCCiittiizzeennsshhiipp (CEWC-Cymru) www.cewc-cymru.org.uk

DDrruuggSSccooppee www.drugscope.org.uk

GGeett CCoonnnneecctteedd www.getconnected.org

LLeeeeddss CChhiillddrreennss FFuunnddwww.leedschildrensfund.org.uk

NNaattiioonnaall CChhiillddrreenn''ss BBuurreeaauuwww.ncb.org.uk

NNaattiioonnaall CCrriimmeebbeeaattwww.national-crimebeat.org.uk

NNaattiioonnaall FFaammii llyy PPaa rreennttiinngg IInnssttiittuutteewww.familyandparenting.org

PPhhii ll iipp LLaawwrreennccee AAwwaarrddsswww.4children.org.uk/pla/

RRiizzeerrInformation for young people about crimeand the law from the Galleries of Justice,Nottingham www.rizer.co.uk

YYoouutthh IInnffoorrmmaattiioonnwww.youthinformation.com

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‘The health, well-being and safety of our young people isvitally important and so I was pleased to hear of thevaluable work the Foundation is doing to promote childsafety. I was particularly pleased to hear of the success youhave had in adopting a partnership approach with highprofile commercial organisations.’

Minister of State for Schools,Department for Education and Skills

‘The very positive response from children, teachers, parents and police officers show that these activity books are an excellent resource for young people.’

Superintendent Mick Morris, Metropolitan Police Service

‘The clear and involving nature of some of the content should stimulate, engage and encourage children to think and make decisions themselves.’

Risk Education Team, Health & Safety Executive

‘We were encouraged to see the efforts that your organisation is making for the benefit of children’s safety.’

Children and Young People’s Unit

‘The content of the booklets is very full, accurate and extremely informative.’

Schools Council UK

‘Thank you for bringing education and industry together in this way. Something positive and useful.’

Head of PSHE, Tytherington School

Published by The Children’s Safety Education Foundation (Registered Charity No: 1103344). © Copyright The Children’s Safety Education Foundation 2007.

Written with the co-operation of Cumbria Youth Offending Service. Design and Layout B&D Print/Jane Hart. Illustrations Guy Redhead.

No part of this publication may be reproduced without prior permission from the publisher.

The publisher shall not be liable for any accidents, losses or malpractice arising from or relating to the activities in the publication.

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