Restorative Justice Strategy

The Police and Crime Commissioner for Hampshire and the Isle of Wight

Restorative Justice Strategy

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The Vision

Our vision is to make Restorative Justice (RJ) available across Hampshire and the Isle of Wight, to all victims of crime and anti-social behaviour, at all stages of the criminal justice system. We define Restorative Justice as processes and activity that brings those harmed by a crime or conflict, and those responsible for causing that harm, into communication, enabling everyone affected by a particular incident to play a part in repairing the harm and finding a positive way forward.

For Restorative Justice to take place the offender must have accepted the facts of the case and all participation is voluntary.

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Introduction

2.1 There is a strong, and growing, evidence base demonstrating that Restorative Justice meets the needs of the victim and also reduces the frequency of reoffending. The government commissioned a 7-year research programme into restorative justice which found that: ¾¾ 85% of victims who took part were satisfied with the process. ¾¾ Restorative Justice reduced the frequency of reoffending by between 14 and 27%; this reduction leads to savings of £8 for every £1 spent on restorative justice interventions.

2.2 The Commissioner is confident that the introduction of Restorative Justice will empower victims and communities, and ensure that people are safer and feel safer.

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Victim Entitlement to Restorative Justice

3.1 The Victims Code of Practice, published in October 2013, outlines the entitlement for all victims to receive information from the police on Restorative Justice. This includes how they can take part in Restorative Justice. The Code states that this is dependent on the provision in your local area.

The Victims Directive 2012/29/EU by the European Union establishes minimum standards on the rights, support and protection of victims of crime. In regards to Restorative Justice it states that safeguards must be in place to ensure the victim is not further victimised as a result of the process. Therefore if Restorative Justice services are provided they should give primary consideration to the interests and needs of the victim and ensure the victim has sufficient knowledge of the risks and benefits in order to make an informed choice to participate in the process.

3.3 The Anti-Social Behaviour (ASB), Crime and Policing Act 2014 introduced the Community Trigger and Community Remedy and also makes reference to putting victims of ASB at the heart of any response to ASB. The Community Remedy document agreed and published by the Police and Crime Commissioner and the Constabulary, offers as one of the options Restorative Justice where available.

3.4 The Ministry of Justice Restorative Justice Action Plan: 2014, published in November 2014 defines success as when:

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¾¾ Victims have equal access to Restorative Justice at all stages of the criminal justice system irrespective of their location, age of the offender or offence committed against them. ¾¾ People have an increased awareness and understanding of Restorative Justice, its benefits, what it entails and how to access it. ¾¾ Good quality Restorative Justice is delivered by trained facilitators.

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Approaches to Restorative Justice

4.1 Police and Crime Commissioners have responsibility for implementing Restorative Justice in their areas and the Ministry of Justice has made funding available for this purpose. The Ministry of Justice has defined Restorative Justice in the following way: ¾¾ that participants consist of, or include, the offender and one or more of the victims; ¾¾ that the activity gives a victim or victims an opportunity to talk about, or by other means express experience of, the offending and its impact and to have a say in the resolution of offences; and ¾¾ that the activity aims to maximise the offender’s awareness of the impact of the offending concerned on the victims.

4.2 The Ministry of Justice also advises that the Restorative Justice process can be delivered in two ways. A face-to-face meeting (sometimes called a conference or victim-offender conference), which involves a trained facilitator, the victim(s), and the offender(s) and supporters, usually family members. Such meetings might conclude with an agreement for further steps to be taken, such as some sort of reparation, but this is not mandatory.

The second is through a community conference which involves members of the community that has been affected by a particular crime and all or some of the offenders. This is facilitated in the same way as a Restorative Justice conference but it differs in that it can involve many people.

4.3 The Hampshire and Isle of Wight approach will extend to prevention. This can include mediation and other support where there have been previous disputes and anti social behaviour but prior to a crime being committed.

4.4 It is important that Restorative Justice activity is tailored to the individual circumstance at the right time. This could include indirect communication via telephone or video conferencing, written correspondence or ‘shuttle restorative justice’ through a facilitator. This may lead to a face-to-face meeting at a later stage.

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Online Restorative Justice

5.1 The Commissioner wishes to trial a new online Restorative Justice approach. It is recommended that this will be piloted in an appropriate setting and tested to ensure it meets national guidance standards set by the National Restorative Council.

5.2 A trial will establish whether online Restorative Justice works for victims and communities, and under what circumstances. It must be in line with the new European Victims Directive which emphasises the necessity of safeguarding the wellbeing of the victim and offender.

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Levels of Restorative Justice for Hampshire and the Isle of Wight

6.1 Restorative Justice can apply to many different types and levels of activity. Three have been identified although this strategy only refers to levels one and two. Level three refers to post conviction offenders that pose significant risk of harm.

Level 1 – This refers to minor thefts, criminal damage and minor assaults. It is appropriate when there are no community impact factors to consider, where there is no need to involve partners and where the risk of re-occurrence is low.

Through Restorative Justice victims will see justice being delivered, and offenders will understand the impact of their actions and undertake agreed actions to remedy the situation.

Level 2 – A formal Restorative Justice conference will be required where a Level 1 resolution cannot be undertaken immediately, or where: ¾¾ the matter is too complex and requires further investigation, ¾¾ the matter needs to be planned and managed to mitigate risk, threat and harm, ¾¾ partner agencies, the wider community, or family members are involved, ¾¾ a child young person and appropriate adult supervision for a child, young person or vulnerable adult is needed and/or youth offending service involvement is required, ¾¾ the matter would be better dealt with by a third party/partner.

Level 2 conferencing, on the scale envisaged, will require a clear referral mechanism. A plan for referrals will be developed as an early priority, potentially setting up Neighbourhood Justice Panels.

Options for Level 2 disposal would include an apology, restoration of harm caused to the victim, or damage caused to the community. The perpetrator may also go on a diversionary course or some agreed rehabilitative activity.

Alternatively, or complementary, to formal Criminal Justice processes, level two interventions can be used after conviction but before sentencing.

Level 3 – this level mainly deals with offenders for serious offences that pose significant risk of harm and/or re-victimisation and/or re-offending. Due to the nature of these offences, most will also be subject of a conventional justice outcome, and the majority will be subject of court proceedings.

The level of skill and knowledge of facilitators to manage a conference for serious and often life changing offences is such that, in line with national standards, these are only to be undertaken by the most skilled and experienced facilitators. Even then, the facilitator will have to demonstrate significant experience, have additional training and be subject to far more supervision and scrutiny, to protect all those involved.

6.2 This strategy only deals with level two Restorative Justice. It is intended that future partnership arrangements will be put in place to address levels one and three.

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A Strategic Approach to Restorative Justice

7.1 There has not yet been an overall strategic partnership approach to the development of Restorative Justice in Hampshire and the Isle of Wight. We will build on work already carried out in our area. In particular Youth Offending Teams have been using Restorative Justice practices for at least 15 years, and have built a wealth of knowledge and experience in working with young people.

7.2 Although there are pockets of good practice with certain groups, it cannot be claimed that people have equal access to Restorative Justice throughout the two counties. It is the aim of this strategy to ensure that every resident does have equal access.

7.3 The County Co-ordinator will establish a strategic approach based on a clear analysis of the demand for services and the best possible network of supply. Initial commissioning arrangements will be for a developmental year so that adjustments can be made in the light of experience and new data. More permanent arrangements can then be put in place to ensure sustainability.

7.4 A network of RJ services will be specified and commissioned giving local providers the opportunity to expand and further develop their services, responding to the new demand generated through a new Pan-Hampshire/IOW referral process.

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Service delivery

8.1 Implementation will include: ¾¾ Recruit a County Coordinator ¾¾ Put in place a timetable for delivery ¾¾ Map available restorative justice services and identify gaps ¾¾ Identifying resources required to achieve the vision ¾¾ Developing a Pan-Hampshire/IOW referral process that will include all relevant agencies delivering Restorative Justice as appropriate ¾¾ A comprehensive training programme ensuring that there are enough facilitators able to work at all the required levels ¾¾ As necessary, recruit local Restorative Justice co-ordinators and Restorative Justice facilitators ¾¾ A comprehensive plan for communications and engagement 8.2 The specification will include a requirement for a locality and community focused service, delivered from appropriate locations, within suitable settings. This includes community centres, police stations and other public buildings.

8.3 Restorative meetings will take place when it is convenient for all the parties concerned and so may happen in the evenings and at weekends. The services will operate flexibly and will be available during the evening and weekends.

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8.4 We recognise that addressing harm and strengthening communities is best achieved by including all sections of society. The power of Restorative Justice comes from the skills of individuals, combined with the training and knowledge of Restorative Justice. It is not the preserve of the “professional”. In some cases, specialist knowledge may be important. The Commissioner will welcome facilitators from all professions and all communities.

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Funding Restorative Justice

9.1 Initially £300,000 per annum has been made available for implementing the new approach. Early in the process the OPCC team will estimate the volume of activity related which will then guide the precise funding required.

9.3 Should additional funding be required the Commissioner will have the opportunity to expand the Restorative Justice options.

10 Performance Management 10.1 The Co-ordinator will be responsible for defining desired outcomes and targets and develop an evaluation process. This could include: ¾¾ The number of referrals received ¾¾ The number of conferences held ¾¾ The number of successful outcomes ¾¾ Victim satisfaction ¾¾ Community confidence ¾¾ Re-offending rates ¾¾ Proportion of types of outcome agreements ¾¾ Compliance Rates with outcome agreements ¾¾ Quality Assurance Rates against standards 10.2 The Commissioner will ensure that the voice of the victim is always listened to.

11 Conclusions 11.1 The Commissioner and partner agencies are committed to delivering Restorative Justice services. Our strategic direction is clear and all necessary resources will be made available to ensure that Restorative Justice is successfully implemented across Hampshire and the Isle of Wight.

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