INDEPENDENTACADEMIC RESEARCH STUDIES

Ministry of Justice Seminars

Restorative Justice Theory & Practice – 25 October 2011

Dr. Theo Gavrielides, Founder & Director

Content

• What is restorative justice?• Restorative justice in the UK• The theory of restorative justice• Restorative justice: the good news• Restorative justice: the bad news• Moving forward • Further Reading• Discussion, Q&A

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What is restorative justice?Restorative Justice is “an ethos with practical goals, among

which is to restore harm by including affected parties in a (direct or indirect) encounter and a process of understanding through voluntary and honest dialogue” (Gavrielides 2007: 139).

Restorative Justice Practices:• Mediation (direct-indirect)• Family Group Conferencing• Healing & Sentencing Circles• Community Restorative Boards

• It does NOT include Victim Support Schemes (e.g. VIS, compensation, community service) YOTs, YOPs, caution

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Mediation: a classification for the CJS

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Restorative justice in the UK

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• 1972 first victim-offender mediation (BACRO)• RJ in the youth justice system (CDA 1998 &YJCEA 1999)• RJ in the CJS – in the shadow of the law• RJ - Community driven/ “bottom-up structure & delivery”• England & Wales - emphasis on diversion• Northern Ireland – emphasis on prevention• Scotland – emphasis on rehabilitation & prevention

International Obligations

• EU Recommendations• EU Directives• Council of Europe Recommendations• United Nations Principles & Recommendations

Restorative justice theory

• 1970s: Eglash, Barnett, Christie – Abolitionists, alternative paradigm, “conflicts as property”

• 1980s: Zehr – “Changing Lenses”, Braithwaite – “Reintegrative shaming”, “Responsive Regulation”

• 1990s – Fatic – “A social theory of trust”, Duff – “Communicative theory”, Daly “Alternative punishment”

• 2000s – Gavrielides “Restorative Punishment”, Johnstone – alternative model, Van Ness – forgiveness.

• Communitarian/ Liberal Schools of Thought• Ethos – theory of life/ justice theory/ CJ theory

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Restorative justice theory: key principles

• Respect and dignity• Equality & diversity• Rule of law, fairness, proportionality and due process• Involvement in decision making and empowerment• Reparation and restoration• Brotherhood and solidarity• Voluntariness• Confidentiality• Freedom from fear

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Restorative Justice: the good news

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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Cost-benefit analysis•“RJ can deliver cost savings of up to £9 for every £1 spent” (Shapland et al 2008). •“If RJ were offered to all victims of burglary, robbery and violence against the person where the offender had pleaded guilty (which would amount to around 75,000 victims), the cost savings to the criminal justice system - as a result of a reduction in reconviction rates - would amount to at least £185 million over two years” (Victim Support 2010)•“RJ practices would likely lead to a net benefit of over £1billion over ten years” (Matrix Evidence 2009).

According to the 2010 House of Commons cross party Justice Committee, in 2007-8 the average cost of a prison place for one adult was £39,000. Jailing one young offender costs as much as £140,000 per year (£100,000 in direct costs and £40,000 in indirect costs once they are released)

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Restorative justice: the bad news

• Conceptual conflicts• Consistency & longevity• Training & Accreditation• Funding• Evaluation & monitoring• Watering down the core principles• A developing gap between theory and practice

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Cost-benefit analysis: warningHouse of Commons Justice Committee

“We have grave concerns about the impact of efficiency savings on practice at the frontline for both prisons and

probation, which will undoubtedly undermine the progress in performance of both services. Neither prisons nor

probation have the capacity to keep up with the current levels of offenders entering the system. It is not

sustainable to finance the costs of running additional prison places and greater probation caseloads from

efficiency savings in the long-term” (2010: 10).

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Current opportunities?

• “The big society”• Emphasis on locality & community led solutions

to crime• “Breaking the cycle”• Youth Justice reform• Prison reform

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How can IARS help? Current Projects• Restorative Justice and the Secure Estate: Alternatives

for Young People (report & 1 December conference)• Restorative Justice Theory & Practice: Addressing the

Discrepancy, Helsinki: HEUNI• A pan-European Strategy for Restorative Justice Project• Rights & Restoration within Youth Justice, Canada: de

Sitter Publications• Drawing together research, policy and practice for

restorative justice project

More information: http://iars.org.uk/content/current-projects

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Further reading• Barnett, R. (1977) 'Restitution: A New Paradigm of Criminal Justice', Ethics: An International Journal of Social,

Political, and Legal Philosophy 87(4), 279-301.• Braithwaite, J. (1997) Crime, Shame and Reintegration, Cambridge: Cambridge University Press.• Braithwaite, J. (2002) Restorative Justice & Responsive Regulation, Oxford: Oxford University Press.• Christie, N. (1977) 'Conflicts as Property', British Journal of Criminology 17(1), 1-15.• Daly, K. (2000) 'Revisiting the Relationship between Retributive and RJ', in H. Strang and J. Braithwaite (eds) RJ:

Philosophy to Practice, Aldershot, USA, Singapore, Sydney: Ashgate/Dartmouth.• Gavrielides, T. (2012) Rights and Restoration within youth justice, de Sitter Publications: Canada.• Gavrielides, T. (2007) Restorative Justice Theory and Practice: Addressing the Discrepancy, HEUNI: Helsinki. • Gavrielides, T. (2011). “Restorative Practices: From the Early Societies to the 1970s”. Internet Journal of

Criminology ISSN 2045-6743 (Online).• Gavrielides, T. (2011). Restorative Justice and the Secure Estate: Alternatives for Young People, IARS: London.• Gavrielides, T. (2011). “Restorative Practices & Hate Crime: Opening up the debate”. 14:4 Temida.• Gavrielides, T. (2008) “Restorative justice: the perplexing concept. Conceptual fault lines and power battles

within the restorative justice movement” 8:2 Criminology and Criminal Justice Journal, 165-183• Gavrielides T. and D. Coker (2005) “Restoring Faith: Resolving the Catholic Church’s Sexual Sca,ndals through

Restorative Justice: Working Paper I”, 8:4 Contemporary Justice Review, pp. 345-365• Gavrielides, T. (2004) “Global Restorative Justice: Averting the Middle Age Crisis. Looking into the Discrepancy

Between the Restorative Theory and Practice”, 4:2 International Journal of Comparative Criminology, pp. 263-275.

• Gavrielides, T. (2003) “Restorative Justice: Are we there yet? Responding to the Home Office’s Consultation Questions”, 14:4 Criminal Law Forum, pp. 385-419.

• Johnstone, G. (2001) RJ: Ideas, practices, debates, Devon: Willan.• Zehr, H. (1990) Changing Lenses: A New Focus for Crime and Justice, Scottdale, Pennsylvania Waterloo,

Ontario: Herald Press.

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Questions & Contact details

Dr. Theo GavrielidesFounder & Director, IARS159 Clapham Road,London SW9 0PU, UK

T.Gavrielides@iars.org.uk020 7820 0945www.iars.org.uk

Dr. Gavrielides is also a Visiting Professorial Research Fellow at Panteion University, a Visiting Senior Research Fellow at Open University and a Visiting Scholar at Mount Royal University

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