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RESTORAT

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JUSTICE EN

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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 to deal with the offence and its consequences.

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The basic principles include: • Putting things right and healing relationships, thereby giving high satisfaction to victims and reducing re-offending.

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• 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.

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• 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 community to communicate and agree how to deal with an incident. Although restorative processes typically result in practical reparation, the communication between victim and offender can also produce powerful emotional responses leading to mutual satisfaction and socially inclusive outcomes.


VICTIMS A crime or wrongdoing can affect people in different ways. Many people feel strong emotions like anger or confusion or nervousness or unsettled. The effects of a crime or wrongdoing can last for a long time even if others think that the crime or wrongdoing is not very serious. For instance stealing something from someone can affect them just as badly as if you had assaulted them, even though they have not been physically hurt.

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

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

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Indirect Victims – People who are affected but who are not the people 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 of what you have done. For instance, the family of someone you have hurt, may have to pick up the pieces of your actions because they have to counsel or look after your victims until they are able to get over what you have done. Insurance premiums for motorists are higher than they should be because there are so many claims for stolen cars. Similarly shop prices are high because it cost the trade many millions of pounds in stolen goods. Therefore sometimes the general public can be a victim if you steal.

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DIRECT AND INDIRECT VICTIMS Think of something you have done wrong – even if you have not been in trouble with the police about it. Write below who this affected (looking at the definitions of direct and indirect victims). I n d i re c t V i c t i m

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D i re c t V i c t i m

Now write down how what you did affected the people in the list above H ow I a f fe c t e d my i n d i re c t v i c t i m

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H ow I a f fe c t e d my d i re c t v i c t i m

Think about your offence. What do you think you could do to try and repair the harm done? T h i n k a b o u t yo u r d i r e c t v i c t i m

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T h i n k a b o u t yo u r i n d i r e c t v i c t i m


CASE STUDY Thomas is 16 years old living at home with his parents and younger sister. He is not at school and 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 from a well-known children’s charity with a note saying it would be collected by a representative on the Friday of the following week.

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Thomas decided that the money would be better off in his pocket and decided that he would collect the money on the Wednesday before. He made an identification badge on his computer and a letter from a fictitious character at the charity confirming Thomas was authorised to collect the money on their behalf. Thomas collected the money from the neighbourhood, taking care not to collect from his street or inform anyone he knew.

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1 . W h o we re t h e d i re c t v i c t i m s ?

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

2 . W h o we re t h e i n d i re c t v i c t i m s ?

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CASE STUDY

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Jane and Mary are two sixteen-year old girls who were out shopping in their local town. Both encouraged each other to take things without paying and whilst in a clothes shop one took a pair of jeans, in a chemist shop one took some make-up and then in the local supermarket, they took some greetings cards and some chocolate. One of the girls had been caught on CCTV and the Police and other shops were alerted. The girls were later found by the Police and arrested. When they were cautioned, they both blamed each other and one said that the amount taken had not been very much and the other had said that all the shops were covered by insurance and the girls did not understand why they had been arrested.

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1 . W e re a ny o f t h e g i r l s e i t h e r m i n i m i s i n g o r m a k i n g e x c u s e s f o r w h a t t h e y h a d d o n e a n d i f s o w h a t we re t h ey s ay i n g ?

2 . W h o we re t h e d i re c t v i c t i m s a n d w h o we re t h e i n d i re c t v i c t i m s i n t h i s c a s e ?

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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. H ow c o u l d t h ey p u t i t r i g h t ?

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W h a t h ap p e n e d ?

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

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ii) How did they react immediately after it happened?

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i) How did you think they felt?

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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 or wrongdoing.

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I n f a m i ly

H ow a f fe c t e d

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O u t s i d e f a m i ly

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MAKING DECISIONS 1. 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 changing your behaviour e.g. ‘people like me’; and in the right hand column write down the negative things about your current behaviour e.g. ‘I am always getting into trouble’.

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

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FORCE FIELD ANALYSIS TEMPLATE

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Positive forces and reasons

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Negative forces and reasons


HOW I WILL CHANGE Who can help

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What do I need to do

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TAKING RESPONSIBILITY To help put things right with people that have been hurt, a person who has committed a crime or wrongdoing must take responsibility for their own actions, that means accepting what you have 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 done something wrong. They say ‘someone else made me do it’ or ‘everyone else was doing it too’.

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

What I said

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What I did

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

I f s o m e o n e s t o l e f ro m yo u o r i n j u re d yo u i n a ny w ay a n d t h ey b e g a n m a k i n g e x c u s e s o r m i n i m i s i n g w h a t t h ey h a d d o n e , h ow wo u l d yo u fe e l ? Answer:

H ow wo u l d yo u fe e l i f i t h a d h ap p e n e d t o s o m e o n e c l o s e t o yo u , l i ke a p a re n t , f r i e n d , s i s t e r o r b ro t h e r ? Answer:

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VICTIM STATEMENT The Victim Charter States: ‘You can expect the chance to explain how the crime has affected you and your interest to be taken into account. The Police will ask you about your fears, about further victimisation and details of your loss, damage or injury. The Police will take this information into account when making their decisions’.

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( i ) H ow t h e c r i m e a f fe c t e d yo u ?

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

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( i i ) A r e yo u s t i l l w o r r i e d a b o u t i t h a p p e n i n g a g a i n ?

( i i i ) W h a t h av e yo u l o s t ? – N o t j u s t i t e m s b u t t h i n g s l i ke s e l f - c o n f i d e n c e , t r u s t i n others etc.

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VICTIM STATEMENT

Q . W h a t h av e yo u l e a r n t ?

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

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In a Criminal Justice setting:

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

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

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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.

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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 THE YOUTH JUSTICE SYSTEM An 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 in order to repair any harm that has been caused.

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

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.

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• • • • •

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It can provide victims with:

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

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.

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• • • • •

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

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• 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:

Victim:

What Happened?

What happened?

What was going on before the offence?

How did you find out?

Who was with you?

Were you on your own?

What did you do?

What were you thinking?

Were you pressured to be involved?

What were you feeling?

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What did they do?

Did you have any support at the time?

Offender:

Victim: How have you been hurt?

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How did you feel afterwards?

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What were you thinking at the time? What were you feeling? Did you think who may be affected?

How did it affect you at the time? How is it affecting you now? Do you need any support?

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Offender:

Who has been hurt/affected by what you did? How have they been hurt/affected? How do you think they will be feeling about what has happened and you? Offender: Do you think you should try to make things better for them? What do you think you can offer to do for them to make things better? Are you willing to meet the victim to say sorry to them?

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Victim: What are your thoughts now about the offence/offender? What would you like to see happen? Are you willing to meet with the offender to receive an apology from them?


National Neighbourhood Wa t c h A s s o c i a t i o n www.neighbourhoodwatch.net O a s i s Tr u s t www.oasistrust.org T h e Q u e s t Tr u s t www.quest-net.org V i c t i m S u p p o r t www.victimsupport.com

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C o m mu n i t i e s a n d L o c a l G ov e r n m e n t www.communities.gov.uk Social Exclusion Unit www.socialexclusionunit.gov.uk Yo u t h Ju s t i c e B o a rd www.yjb.gov.uk/en-gb P o l i c e Police Services of the UK www.police.uk/ Yo u n g Pe o p l e B u l ly i n g O n l i n e www.bullying.co.uk C h a n c e U K www.chanceuk.com C h i l d l i n e www.childline.org.uk C o u n c i l fo r E d u c a t i o n i n W o r l d C i t i ze n s h i p (CEWC-Cymru) www.cewc-cymru.org.uk D r u g S c o p e www.drugscope.org.uk G e t C o n n e c t e d www.getconnected.org L e e d s C h i l d re n s F u n d www.leedschildrensfund.org.uk N a t i o n a l C h i l d re n ' s B u re a u www.ncb.org.uk National Crimebeat www.national-crimebeat.org.uk N a t i o n a l Fa m i ly Pa re n t i n g I n s t i t u t e www.familyandparenting.org P h i l i p L aw re n c e A w a rd s www.4children.org.uk/pla/ R i ze r Information for young people about crime and the law from the Galleries of Justice, Nottingham www.rizer.co.uk Yo u t h I n fo r m a t i o n www.youthinformation.com

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C r i m e p re v e n t i o n / re d u c t i o n A b e rd e e n S a fe r C o m mu n i t y Tr u s t www.absafe.org.uk B B C i C r i m e s i t e www.bbc.co.uk/crime C o m mu n i t y S a fe t y A d v i s o r y S e r v i c e www.csas.org.uk C r i m e R e d u c t i o n we b s i t e www.crimereduction.gov.uk D y s p e l Addressing the relationship between dyslexia and offending www.dyspel.org.uk Jill Dando Institute of Crime Science www.jdi.ucl.ac.uk T h e H a m p t o n Tr u s t www.hamptontrust.org.uk N a c ro www.nacro.org.uk N ew S t a r t www.newstartmag.co.uk R e n ew a l . n e t The online guide to what works in neighbourhood renewal www.renewal.net R e s t o r a t i ve Ju s t i c e C o n s o r t i u m www.restorativejustice.org.uk R e s t o r a t i ve Ju s t i c e Tr a i n i n g F oundation www.restorativejusticetrainingfoundation.co.uk Rethinking Crime & Punishment www.rethinking.org.uk S a fe r Tr av e l a t n i g h t www.london.gov.uk/mayor/safer_travel/index.jsp T h e S u z y L a m p l u g h Tr u s t www.suzylamplugh.org T h a m e s V a l l ey Pa r t n e r s h i p www.thamesvalleypartnership.org

C o m mu n i t y C o m m i s s i o n fo r R a c i a l E q u a l i t y www.cre.gov.uk C r i m e s t o p p e r s www.crimestoppers-uk.org N a t i o n a l C o u n c i l f o r Vo l u n t a r y O r g a n i s a t i o n s www.ncvo-vol.org.uk


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

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Minister of State for Schools, Department for Education and Skills

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‘The health, well-being and safety of our young people is vitally important and so I was pleased to hear of the valuable work the Foundation is doing to promote child safety. I was particularly pleased to hear of the success you have had in adopting a partnership approach with high profile commercial organisations.’

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‘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

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.


CSEF Restorative Justice BOOK