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Restorative Justice in Scotland Restorative Justice Services in the Children’s Hearing System Restorative Justice Services in the Children’s Hearing System.

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Presentation on theme: "Restorative Justice in Scotland Restorative Justice Services in the Children’s Hearing System Restorative Justice Services in the Children’s Hearing System."— Presentation transcript:

1 Restorative Justice in Scotland Restorative Justice Services in the Children’s Hearing System Restorative Justice Services in the Children’s Hearing System www.restorativejusticescotland.org.uk Begin Published by the Scottish Executive, July 2005 Version 1.2, 2006 An Overview of... Please note that printing this presentation will result in over 100 ink-expensive pages!

2 Contents Introduction Referral CriteriaReferral Protocols Principles End Show Click on the boxes to access the main sections. Back to first slide

3 Introduction Click on the words for details: Why is it needed? What is its status? What about police? What about schools? What’s next? Back to Contents

4 Why is it needed? Click on the words for details: Text Why is it needed? What is its status? What about police? What about schools? What’s next? Back to Contents TextSummary Restorative Justice is widely recognised as a valuable way of addressing the harm caused by young people in Scotland. It is a national youth justice objective that Restorative Justice be offered to every person harmed. Restorative Justice is now recognised as one way of addressing the anti-social behaviour of young people. Prior to this document, there were no national guidelines for the use of Restorative Justice in the Children’s Hearing System.

5 Why is it needed? Click on the words for details: “For a number of years restorative justice services have worked with young people referred to the Children’s Reporter because of offending behaviour. These services have been recognised as a valuable means of addressing offending by young people so referred, enabling young people to address the harm caused by their offending.” Why is it needed? What is its status? What about police? What about schools? What’s next? Previous Slide

6 Why is it needed? Click on the words for details: “Objective 4 of the National Standards for Scotland’s Youth Justice Services states that “every victim of a young offender referred to the reporter on offence grounds will have the opportunity to engage in a [restorative justice] scheme, where appropriate.” Why is it needed? What is its status? What about police? What about schools? What’s next? Previous Slide

7 Why is it needed? Click on the words for details: “The current developments associated with anti-social behaviour policy recognise the importance of restorative justice services as one of a variety of approaches to prevent and respond to anti-social behaviour by young people.” Why is it needed? What is its status? What about police? What about schools? What’s next? Previous Slide

8 Why is it needed? Click on the words for details: “At this time there are no national guidelines regarding restorative justice services in the youth justice system. This state of affairs is no longer appropriate given the increasing importance of the services in relation to youth offending and due to the increasing number and variety of services that exist across Scotland. Scotland’s Children’s Hearings System is a unique response to youth offending and as such its relationship with restorative services needs to be set out and developed.” Previous Slide Why is it needed? What is its status? What about police? What about schools? What’s next?

9 What is its status? Click on the words for details: Text Why is it needed? What is its status? What about police? What about schools? What’s next? TextSummary Whilst the document does not have a legal status, it has been endorsed by the Scottish Executive, the SCRA and Restorative Justice Services as the “definitive guide”. The document aims to ensure restorative justice services can be delivered with consistency and quality across Scotland.

10 What is its status? Click on the words for details: “The following documents are part of a suite of documents that will act as a definitive guide to the principles and best practice for restorative justice services in the Children’s Hearings System. They are the product of work undertaken by a group comprising representatives from the Scottish Children’s Reporter Administration, practitioners from restorative justice services across Scotland, a restorative justice consultant and the Scottish Executive. The Group consulted with youth justice interests during the formulation of the documents.“ Why is it needed? What is its status? What about police? What about schools? What’s next? Previous Slide

11 What is its status? Click on the words for details: “It is intended that the documents contained here and further documents produced will provide a resource for those involved in the Children’s Hearings System and will ensure that services available for children who offend are delivered with the necessary consistency and quality.” Why is it needed? What is its status? What about police? What about schools? What’s next? Previous Slide

12 What about police? Click on the words for details: Text Why is it needed? What is its status? What about police? What about schools? What’s next? Back to Contents TextSummary “Police Restorative Warnings” are covered in a separate document published by the Scottish Executive, available online at: http://www.scotland.gov.uk/library5/justice/prwsg-00.asp “Police Restorative Warnings” are covered in a separate document published by the Scottish Executive, available online at: http://www.scotland.gov.uk/library5/justice/prwsg-00.asp

13 What about police? Click on the words for details: “The documents relate to and compliment the Scottish Executive’s Guidelines for the Police on Police Restorative Warnings in Scotland published in June 2004 that cover the restorative warnings directed by the police in response to minor offending that does not require a referral of the young person to the Children’s Reporter.” Why is it needed? What is its status? What about police? What about schools? What’s next? Previous Slide

14 What about Schools? Click on the words for details: Why is it needed? What is its status? What about police? What about schools? What’s next? Back to Contents The use of restorative practices in schools is not explicitly covered in this document. However, many Restorative Justice Services are now able to deliver restorative processes (such as conferences) within a school context in the following ways: If a police charge has not been made, then the school can refer a case to the Service directly. If a police charge has been made, then any referral must proceed in accordance with this document. However, many Restorative Justice Services are now able to deliver restorative processes (such as conferences) within a school context in the following ways: If a police charge has not been made, then the school can refer a case to the Service directly. If a police charge has been made, then any referral must proceed in accordance with this document.

15 What’s next? Click on the questions for details: Why is it needed? What is its status? What about police? What about schools? What’s next? Back to Contents Best practice guidance for restorative practitioners is under development, a draft version of which can be found online at: http://www.restorativejusticescotland.org/practitioners.htm Best practice guidance for restorative practitioners is under development, a draft version of which can be found online at: http://www.restorativejusticescotland.org/practitioners.htm The Restorative Justice Forum has been set up to enable practitioners and other stakeholders: To raise awareness of these documents, To discuss further developments (such as evaluation) and To share best practice. The Restorative Justice Forum has been set up to enable practitioners and other stakeholders: To raise awareness of these documents, To discuss further developments (such as evaluation) and To share best practice. End Show

16 Statement of Principles Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ IV. Development of RJ

17 Preamble Click on the words for details: Back to Contents 1. Scottish Executive Strategy 2. Welfare-based System 3. Balanced Approach 4. Aims of Restorative Justice Text Restorative Justice Services are a key component of the Scottish Executive’s youth justice strategy, one aim of which is to make RJ available to every person harmed by youth crime. Preamble I. Use of Terms II. Use of RJ Processes Summary III. Operation of RJ IV. Development of RJ

18 Preamble Click on the words for details: Previous Slide 6. Scotland's Action Programme to Reduce Youth Crime (2002) indicates that the confidence of victims in Scotland’s youth justice system needs to be restored, and that restorative justice approaches can “go some way” toward meeting this objective. 7.The National Standards for Scotland's Youth Justice Services (2002) states that “Every victim of a young offender referred to the reporter on offence grounds will have the opportunity to engage in a [restorative justice] scheme, where appropriate”. 1. Scottish Executive Strategy 2. Welfare-based System 3. Balanced Approach 4. Aims of Restorative Justice Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ IV. Development of RJ 1.There has been a significant growth of restorative justice services across Scotland as a consequence of Scottish Executive’s strategies and policies to prevent, address and reduce youth offending.

19 Preamble Click on the words for details: Back to Contents 1. Scottish Executive Strategy 2. Welfare-based System 3. Balanced Approach 4. Aims of Restorative Justice Text Restorative Justice Services operate within the legal framework of the Children’s Hearing System, a key principle of which is that the welfare of the child is the paramount consideration. Preamble I. Use of Terms II. Use of RJ Processes Summary III. Operation of RJ IV. Development of RJ

20 Preamble Click on the words for details: 2. The Children (Scotland) Act 1995 requires that the following central principles be considered in reaching decisions: (a) the welfare of the child is the paramount consideration; (b) no compulsory intervention should be made unless it would be better for the child than no compulsory intervention at all; and that (c) children should be given an opportunity to express a view and, if they do so, consideration should be given to the child’s views. Previous Slide 1. Scottish Executive Strategy 2. Welfare-based System 3. Balanced Approach 4. Aims of Restorative Justice Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ IV. Development of RJ

21 Preamble Click on the words for details: Back to Contents 1. Scottish Executive Strategy 2. Welfare-based System 3. Balanced Approach 4. Aims of Restorative Justice Text Restorative Justice Services are consistent with the Hearing System’s welfarist approach, insofar as they aim to meet the social, educational and developmental needs of young people. Preamble I. Use of Terms II. Use of RJ Processes Nevertheless, Restorative Justice Services aim to meet the needs and serve the best interests of both young people and those harmed by their offending behaviour - in equal measure. Summary III. Operation of RJ IV. Development of RJ

22 Preamble Click on the words for details: 3. The fundamental difference between the children’s hearings system and other youth justice systems is that by virtue of being referred to the reporter a child charged with an offence is diverted from prosecution in a criminal process and instead enters a non- retributive civil procedure which aims to meet the child’s educational and developmental needs. Previous Slide Preamble I. Use of Terms II. Use of RJ Processes 1. Scottish Executive Strategy 2. Welfare-based System 3. Balanced Approach 4. Aims of Restorative Justice 4. With respect to the three principles above, restorative justice processes are a valuable resource for children’s reporters and hearings insofar as they can meet a range of needs of children who offend: for example, the need (a) to have access to educative experiences that will enable them to reduce their offending and develop as mature and responsible citizens; and the need (b) to be given the opportunity to restore their moral status and reputation in the eyes of their family, the person harmed, their peers, and the wider community by voluntarily addressing the practical and/or symbolic (i.e. moral and relational) harm they have done. III. Operation of RJ IV. Development of RJ

23 Preamble Click on the words for details: 5.Whilst restorative justice can function effectively within a context in which the welfare of the child is the ‘paramount consideration’, this does not imply that the interests and needs of those who have been harmed by the child’s offence can be neglected, disregarded or diminished; restorative processes, by definition, seek an outcome that is in the best interests of both parties. ]] * “We believe that sensitively managed restorative justice approaches can be in the best interests of many of the children and young people who offend and their victims”, Scotland's Action Programme to Reduce Youth Crime (2002). Previous Slide Preamble I. Use of Terms II. Use of RJ Processes 1. Scottish Executive Strategy 2. Welfare-based System 3. Balanced Approach 4. Aims of Restorative Justice III. Operation of RJ IV. Development of RJ

24 Preamble Click on the words for details: Back to Contents 1. Scottish Executive Strategy 2. Welfare-based System 3. Balanced Approach 4. Aims of Restorative Justice Text Aims of Restorative Justice To respect the dignity and equality of all those involved. To address the harm caused by a specific offence (or episode). To enable all parties to gain a better understanding of the causes and effects of the offence. To enable participants to share feelings and experiences in a safe and respectful way. To enable persons harmed to obtain practical and/or symbolic reparation, feel safer and seek closure (acknowledging that they may not wish to participate in a restorative justice process). To enable those who caused harm to take responsibility in a meaningful way To prevent re-offending To promote social harmony and community well-being. Aims of Restorative Justice To respect the dignity and equality of all those involved. To address the harm caused by a specific offence (or episode). To enable all parties to gain a better understanding of the causes and effects of the offence. To enable participants to share feelings and experiences in a safe and respectful way. To enable persons harmed to obtain practical and/or symbolic reparation, feel safer and seek closure (acknowledging that they may not wish to participate in a restorative justice process). To enable those who caused harm to take responsibility in a meaningful way To prevent re-offending To promote social harmony and community well-being. Preamble I. Use of Terms II. Use of RJ Processes Summary III. Operation of RJ IV. Development of RJ

25 Preamble Click on the words for details: 8. Restorative justice is a response to offending that respects the dignity and equality of each person, builds understanding, and promotes social harmony through the healing of persons harmed, persons responsible and communities. Previous Slide Preamble I. Use of Terms II. Use of RJ Processes 9.Those harmed by or responsible for an offence may not wish to take part in such a process. 1. Scottish Executive Strategy 2. Welfare-based System 3. Balanced Approach 4. Aims of Restorative Justice 10. Restorative justice is primarily designed to address an individual offence or episode, rather than patterns of offending behaviour; although it can have the effect of reducing recidivism rates, the reason for any referral and the focus of any restorative process will be a specific offence or episode. 11.This approach enables both those affected by and those responsible for an offence to share openly their feelings and experiences in a safe and respectful way. 12.This approach provides an opportunity for persons harmed to obtain practical and/or symbolic reparation, feel safer and seek closure; allows persons responsible to gain insight into the causes and effects of their behaviour and to take responsibility in a meaningful way; and enables all those involved to understand the underlying causes of youth offending, to promote community well-being and to prevent re-offending. III. Operation of RJ IV. Development of RJ

26 Use of Terms Click on the words for details: Back to Contents a person who has been directly harmed or affected by an offence (i.e. ‘victim’). Preamble I. Use of Terms “Person harmed” “Person responsible” “Support Persons” “Other Affected Persons” “Observers” “Parties” “Facilitator” “Restorative process” “Restorative outcome” “ Person harmed ” II. Use of RJ Processes III. Operation of RJ IV. Development of RJ

27 Use of Terms Click on the words for details: Back to Contents Preamble I. Use of Terms “Person harmed” “Person responsible” “Support Persons” “Other Affected Persons” “Observers” “Parties” “Facilitator” “Restorative process” “Restorative outcome” “ Person responsible ” II. Use of RJ Processes III. Operation of RJ IV. Development of RJ a person who bears some or all of the responsibility for the offence in question (i.e. ‘offender’).

28 Use of Terms Click on the words for details: Back to Contents Preamble I. Use of Terms “Person harmed” “Person responsible” “Support Persons” “Other Affected Persons” “Observers” “Parties” “Facilitator” “Restorative process” “Restorative outcome” whoever the person harmed or person responsible have agreed or invited to support them in a restorative process; and may include parents or carers, siblings, extended family members, friends, or professionals working with either party (social workers, counselors, health worker, and so on). “ Support Persons ” II. Use of RJ Processes III. Operation of RJ IV. Development of RJ

29 Use of Terms Click on the words for details: Back to Contents Preamble I. Use of Terms “Person harmed” “Person responsible” “Support Persons” “Other Affected Persons” “Observers” “Parties” “Facilitator” “Restorative process” “Restorative outcome” any professional or community member who has been invited to participate in a restorative justice conference, whose presence is accepted by all parties, and who are able to represent the views, wishes or interests of the agency they represent or the wider community. “ Other Affected Persons ” II. Use of RJ Processes III. Operation of RJ IV. Development of RJ

30 Use of Terms Click on the words for details: Back to Contents Preamble I. Use of Terms “Person harmed” “Person responsible” “Support Persons” “Other Affected Persons” “Observers” “Parties” “Facilitator” “Restorative process” “Restorative outcome” anyone who attends a restorative process without participating, and whose presence is accepted beforehand by all participants. “ Observers ” II. Use of RJ Processes III. Operation of RJ IV. Development of RJ

31 Use of Terms Click on the words for details: Back to Contents Preamble I. Use of Terms “Person harmed” “Person responsible” “Support Persons” “Other Affected Persons” “Observers” “Parties” “Facilitator” “Restorative process” “Restorative outcome” the person harmed, the person responsible, support persons and, where relevant, other affected persons. “ Parties ” II. Use of RJ Processes III. Operation of RJ IV. Development of RJ

32 Use of Terms Click on the words for details: Back to Contents Preamble I. Use of Terms “Person harmed” “Person responsible” “Support Persons” “Other Affected Persons” “Observers” “Parties” “Facilitator” “Restorative process” “Restorative outcome” a person whose role is to facilitate, in a fair and impartial manner, the participation of the parties in a restorative process. “ Facilitator ” II. Use of RJ Processes III. Operation of RJ IV. Development of RJ

33 Use of Terms Click on the words for details: Back to Contents Preamble I. Use of Terms “Person harmed” “Person responsible” “Support Persons” “Other Affected Persons” “Observers” “Parties” “Facilitator” “Restorative process” “Restorative outcome” any process in which relevant parties participate together actively in the resolution of matters arising from the offence, generally with the help of a facilitator. “ Restorative Process ” Each process aims to enable the participants to explore, in a safe and structured way, (1) the facts – what happened and why, (2) the consequences – how people were affected, and (3)the future – what agreements or Action Plan needs to be made to meet the needs of all parties, including the central needs of addressing the harm and preventing re-offending. Each process aims to enable the participants to explore, in a safe and structured way, (1) the facts – what happened and why, (2) the consequences – how people were affected, and (3)the future – what agreements or Action Plan needs to be made to meet the needs of all parties, including the central needs of addressing the harm and preventing re-offending. More II. Use of RJ Processes III. Operation of RJ IV. Development of RJ

34 Use of Terms Click on the words for details: Preamble I. Use of Terms “Person harmed” “Person responsible” “Support Persons” “Other Affected Persons” “Observers” “Parties” “Facilitator” “Restorative process” “Restorative outcome” Restorative processes in Scotland currently include the following: Restorative Justice Conferences Restorative Justice Conferences Face-to-Face Meetings Face-to-Face Meetings Shuttle Dialogue Victim Awareness Click on the boxes for definitions: Previous Slide II. Use of RJ Processes III. Operation of RJ IV. Development of RJ To ensure the safety and effectiveness of the process, no meeting is held without the facilitator preparing all parties in advance.

35 Use of Terms Click on the words for details: Preamble I. Use of Terms “Person harmed” “Person responsible” “Support Persons” “Other Affected Persons” “Observers” “Parties” “Facilitator” “Restorative process” “Restorative outcome” normally led by two facilitators and attended by the person(s) harmed, the person(s) responsible, their respective support persons, other affected persons, where appropriate, and observers, where agreed. “ Restorative Justice Conference” Previous Slide II. Use of RJ Processes III. Operation of RJ IV. Development of RJ

36 Use of Terms Click on the words for details: Preamble I. Use of Terms “Person harmed” “Person responsible” “Support Persons” “Other Affected Persons” “Observers” “Parties” “Facilitator” “Restorative process” “Restorative outcome” can be led by either one or two facilitators and are attended only the person(s) harmed, the person(s) responsible and observers, where agreed. “ Face-to-Face Meetings” Previous Slide II. Use of RJ Processes III. Operation of RJ IV. Development of RJ

37 Use of Terms Click on the words for details: Preamble I. Use of Terms “Person harmed” “Person responsible” “Support Persons” “Other Affected Persons” “Observers” “Parties” “Facilitator” “Restorative process” “Restorative outcome” involves a facilitator acting as a go-between for the person(s) harmed and the person(s) responsible. “ Shuttle Dialogue” Previous Slide II. Use of RJ Processes III. Operation of RJ IV. Development of RJ

38 Use of Terms Click on the words for details: Preamble I. Use of Terms “Person harmed” “Person responsible” “Support Persons” “Other Affected Persons” “Observers” “Parties” “Facilitator” “Restorative process” “Restorative outcome” involves only the person responsible in one-to-one sessions with a facilitator; but it can also involve a meeting with a carefully briefed ‘surrogate’ person harmed using the format of a conference or face-to-face meeting. “ Victim Awareness” Previous Slide II. Use of RJ Processes III. Operation of RJ IV. Development of RJ

39 Use of Terms Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes “Person harmed” “Person responsible” “Support Persons” “Other Affected Persons” “Observers” “Parties” “Facilitator” “Restorative process” “Restorative outcome” (a)the emotional, cognitive and relational benefits felt by the parties during and following a restorative process, such as feelings of safety, increased self-esteem, the letting go of anger, increased empathy, and so on; “ Restorative Outcome ” (b)an agreement or Action Plan reached as a result of a restorative process, which may include tasks and programmes aimed at meeting the individual and collective needs and responsibilities of the parties. This may include tasks that seek to address, either practically or symbolically, loss or damage experienced by the person harmed, and programmes for the person responsible that seek to address the underlying causes of the offence (such as anger management, substance misuse, peer pressure, and so on). III. Operation of RJ IV. Development of RJ

40 Use of Restorative Justice Processes Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised Text Any use of a restorative justice process in the Hearing System should follow the principles and protocols below. Summary III. Operation of RJ IV. Development of RJ

41 Use of Restorative Justice Processes Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised 22.The use of restorative justice processes in the Children’s Hearings system is subject to these principles and the referral protocols outlined in the “Protocol For Referrals To Restorative Justice Services Within The Children’s Hearings system. (2004)” Previous Slide III. Operation of RJ IV. Development of RJ

42 Use of Restorative Justice Processes Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised TextSummary There must be sufficient evidence for the offence. III. Operation of RJ IV. Development of RJ The young person must accept responsibility for the offence. This admission cannot be used as such in a Hearing or court.

43 Use of Restorative Justice Processes Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised 23. Restorative processes should be used only where, following a referral to the children’s reporter, he or she considers that there is sufficient evidence to prove that the person responsible committed an offence. The process should not proceed unless the person charged accepts some or all responsibility for the offence as described by the children’s reporter. Participation of the person responsible shall not be used as evidence of acceptance of the offence in either a subsequent children’s hearing or a court. Previous Slide III. Operation of RJ IV. Development of RJ

44 Use of Restorative Justice Processes Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised TextSummary Participants normally need to agree on the basic facts. III. Operation of RJ IV. Development of RJ

45 Use of Restorative Justice Processes Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised 24. The person harmed and the person responsible should normally agree on the basic facts of a case as the basis for their participation in a restorative process. Previous Slide III. Operation of RJ IV. Development of RJ

46 Use of Restorative Justice Processes Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised TextSummary Participation must be voluntary - throughout the process. III. Operation of RJ IV. Development of RJ

47 Use of Restorative Justice Processes Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised 25.Restorative processes must be voluntary for all parties at every stage: thus no party should be coerced, pressured, or induced by unfair means (a) to take up the invitation to have the process explained to them by a facilitator, (b) to participate in a restorative process, or (c) to enter into any agreements as part of the restorative outcome. All parties should be able to withdraw such consent at any time during the process. Previous Slide III. Operation of RJ IV. Development of RJ

48 Use of Restorative Justice Processes Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised TextSummary Agreements or Action plans must be restorative, not punitive. III. Operation of RJ IV. Development of RJ

49 Use of Restorative Justice Processes Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised 26.Agreements or Action plans should contain only reasonable, constructive, mutually respectful and proportionate obligations. They must be restorative rather than punitive. Previous Slide III. Operation of RJ IV. Development of RJ

50 Use of Restorative Justice Processes Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised TextSummary Power imbalances and cultural differences between the parties need to be taken into account. III. Operation of RJ IV. Development of RJ

51 Use of Restorative Justice Processes Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised 27. Disparities leading to power imbalances, as well as cultural differences among the parties, should be taken into consideration in referring a case to, and in facilitating, a restorative process. Previous Slide III. Operation of RJ IV. Development of RJ

52 Use of Restorative Justice Processes Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised TextSummary The health and safety of all parties should be taken into account at every stage of the process. III. Operation of RJ IV. Development of RJ

53 Use of Restorative Justice Processes Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised 28. The health and safety of the parties shall be considered in referring any case to, and in facilitating, a restorative process. Previous Slide III. Operation of RJ IV. Development of RJ

54 Use of Restorative Justice Processes Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised TextSummary If the use of a Restorative Justice Service is not suitable or possible, the case should be referred back to the Reporter. The Reporter may still attempt to find a way of addressing the offence that is consistent with restorative values. III. Operation of RJ IV. Development of RJ

55 Use of Restorative Justice Processes Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised 29. Where restorative processes are not suitable or possible, the case should be reported back to the children’s reporter and, if no final decision has been taken by the children’s reporter or a children’s hearing, a decision should be taken as to how to proceed without delay. Such cases do not prevent the reporter or children’s hearing, where appropriate, from encouraging the person responsible to take responsibility for their actions, and supporting his or her positive participation in the community in whatever alternative ways are available. Previous Slide III. Operation of RJ IV. Development of RJ

56 Use of Restorative Justice Processes Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised TextSummary Reporters should commend the PR’s successful completion of the process - directly or by letter. III. Operation of RJ IV. Development of RJ

57 Use of Restorative Justice Processes Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ Using Restorative Justice PH to accept responsibility Parties to agree on basic facts Participation to be voluntary Action Plans to be restorative Disparities Health and safety When RJ is not suitable Completion to be recognised 30.Where a person responsible has successfully completed a restorative process, they should be provided with official recognition of their accomplishments. This may take the form of a letter or direct communication from the children’s reporter. Previous Slide IV. Development of RJ

58 The Operation of Restorative Justice Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ Text Hearings, Reporters and RJ Services should adhere to: The guidance set out in this document, The best practice guidance (draft now available), and The requirement that facilitators be suitably trained. Hearings, Reporters and RJ Services should adhere to: The guidance set out in this document, The best practice guidance (draft now available), and The requirement that facilitators be suitably trained. Summary Application of Guidance Procedural safeguards Confidentiality Outcomes IV. Development of RJ

59 The Operation of Restorative Justice Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ Application of Guidance Procedural safeguards Confidentiality Outcomes IV. Development of RJ 31. Children’s reporters, hearings and restorative justice services in Scotland should respect the principles set forth in this document and should adhere to: Previous Slide (a) The criteria for the referral of cases to restorative justice; (b)The protocol for referrals to restorative justice services within the children’s hearings system; (c)The standards of best practice that govern the operation of restorative justice; (d)The requirement for appropriate training and assessment of facilitators.

60 The Operation of Restorative Justice Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ Text Persons responsible have the right to: obtain legal advice about the process, translation and/or interpretation, and the assistance of a parent or guardian. Persons responsible have the right to: obtain legal advice about the process, translation and/or interpretation, and the assistance of a parent or guardian. Summary Application of Guidance Procedural safeguards Confidentiality Outcomes IV. Development of RJ Before deciding to participate, the parties should be told about: their rights, the nature of the process, and the possible consequences of their decision. Before deciding to participate, the parties should be told about: their rights, the nature of the process, and the possible consequences of their decision.

61 The Operation of Restorative Justice Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ Application of Guidance Procedural safeguards Confidentiality Outcomes IV. Development of RJ 32. Fundamental procedural safeguards guaranteeing fairness to the person responsible and the person harmed should be applied to restorative processes: Previous Slide (a) Subject to laws governing the children’s hearings system, the person responsible and the person harmed have the right to obtain legal advice concerning the restorative process. Where necessary, they have a right to translation and/or interpretation. The person responsible, in addition, has the right to the assistance of a parent or guardian. (b) Before agreeing to participate in restorative processes, the parties should be fully informed of their rights, the nature of the process and the possible consequences of their decision.

62 The Operation of Restorative Justice Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ Text The RJ process is confidential, except for the basic outcome and any risk to health and safety. Summary Application of Guidance Procedural safeguards Confidentiality Outcomes IV. Development of RJ

63 The Operation of Restorative Justice Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ Application of Guidance Procedural safeguards Confidentiality Outcomes IV. Development of RJ 33. Discussions in restorative processes should adhere to the principles of confidentiality within the children’s hearings system. Previous Slide

64 The Operation of Restorative Justice Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ Text The final outcome of the process – successful or otherwise – should be reported back to the Reporter or Hearing. Summary Application of Guidance Procedural safeguards Confidentiality Outcomes IV. Development of RJ Any alternative to RJ should be decided upon without delay.

65 The Operation of Restorative Justice Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ Application of Guidance Procedural safeguards Confidentiality Outcomes IV. Development of RJ 34. The results of agreements arising out of a restorative process should be reported to the referring children’s reporter and, where appropriate, to a children’s hearing. 35. Where no agreement is reached among the parties or where an agreement made in the course of a restorative process fails to be implemented, then this should be reported to the referring children’s reporter or hearing and, if no final decision has been taken by the children’s reporter or a children’s hearing, a decision as to how to proceed should be taken without delay. Previous Slide

66 Continuing Development of Restorative Justice Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ Text RJ is most likely to develop and expand in Scotland if it continues to be supported by: the Executive, as a key part of its youth justice strategy key stakeholders (LAs, Reporters, police, communities). RJ is most likely to develop and expand in Scotland if it continues to be supported by: the Executive, as a key part of its youth justice strategy key stakeholders (LAs, Reporters, police, communities). Summary IV. Development of RJ Socio-political context Consultation Research and Evaluation

67 Continuing Development of Restorative Justice Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ IV. Development of RJ Socio-political context Consultation Research and Evaluation 36. The children’s hearings system and restorative justice services should take into account the formulation of Scottish Executive strategies and policies aimed at (a) the development of restorative justice in a youth justice context and at (b) the promotion of a culture in Scotland that is favourable to the use of restorative justice with young people who offend among law enforcement, judicial and social authorities, as well as local communities. Previous Slide

68 Continuing Development of Restorative Justice Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ Text Representatives from RJ Services and the Hearing System should consult regularly in order to: develop a common understanding of RJ increase the effectiveness of RJ extend the use of RJ further incorporate RJ into the Hearing system Representatives from RJ Services and the Hearing System should consult regularly in order to: develop a common understanding of RJ increase the effectiveness of RJ extend the use of RJ further incorporate RJ into the Hearing system Summary IV. Development of RJ Socio-political context Consultation Research and Evaluation

69 Continuing Development of Restorative Justice Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ IV. Development of RJ Socio-political context Consultation Research and Evaluation 37. There should be regular consultation between representatives of the children’s hearings system and administrators of restorative justice services to develop a common understanding and enhance the effectiveness of restorative processes and outcomes, to increase the extent to which restorative processes are used, and to explore ways in which restorative approaches might be further incorporated into the children’s hearings system. Previous Slide

70 Continuing Development of Restorative Justice Click on the words for details: Back to Contents Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ Text RJ Services and the Hearing System should promote the evaluation of whether (or to what extent) RJ processes result in restorative outcomes serve as a complement or alternative to children’s hearings provide positive outcomes for all parties RJ Services and the Hearing System should promote the evaluation of whether (or to what extent) RJ processes result in restorative outcomes serve as a complement or alternative to children’s hearings provide positive outcomes for all parties Summary IV. Development of RJ Socio-political context Consultation Research and Evaluation The results of this evaluation should be used to improve practice and procedures guide policy on the use and development of RJ The results of this evaluation should be used to improve practice and procedures guide policy on the use and development of RJ End Show

71 Continuing Development of Restorative Justice Click on the words for details: Preamble I. Use of Terms II. Use of RJ Processes III. Operation of RJ IV. Development of RJ Socio-political context Consultation Research and Evaluation 38. The children’s hearings system and restorative justice services should promote research on and evaluation of restorative justice processes to assess the extent to which they result in restorative outcomes, serve as a complement or alternative to children’s hearings and provide positive outcomes for all parties. Restorative processes may need to undergo change over time. Regular evaluation and modification of such processes should therefore be encouraged. The results of research and evaluation should guide further policy and development. Previous Slide

72 Referral Criteria Click on the words for details: Essential Criteria Desirable Criteria Back to Contents

73 Essential Criteria Click on the words for details: Back to Contents 1. Age range 2. Location 3. Police charge Desirable Criteria Essential Criteria 1.The person responsible for the offence should be aged between 8 and 17 years (inclusive).

74 Essential Criteria Click on the words for details: Back to Contents 1. Age range 2. Location 3. Police charge Desirable Criteria Essential Criteria 2.The person responsible should reside within the geographical area covered by the Service. 1.The person responsible for the offence should be aged between 8 and 17 years (inclusive).

75 Essential Criteria Click on the words for details: Back to Contents 1. Age range 2. Location 3. Police charge Essential Criteria Desirable Criteria 3.The person responsible has been referred to the Reporter on the grounds of having committed an offence and the children’s reporter considers that the evidence is sufficient to meet the criminal standard of proof. 2.The person responsible should reside within the geographical area covered by the Service. 1.The person responsible for the offence should be aged between 8 and 17 years (inclusive).

76 Desirable Criteria Click on the words for details: Back to Contents 1. Time-Lapse 2. Impact 3. Community Desirable Criteria Restorative processes have been shown to be most effective where: * Denkers, & Winkel, 1998. “Crime victims' well-being and fear in a prospective and longitudinal study.” International Review of Victimology, 5,141-162; Norris & Kaniasty, 1994. “Psychological Distress Following Criminal Victimization in the General Population: Cross-sectional, Longitudinal, and Prospective Analyses.” Journal of Consulting and Clinical Psychology 62 (1): 111-123. Essential Criteria 1.the referral to a restorative justice service is made as soon as possible after the offence (research shows that referrals made more than 3 months after an offence may limit the effectiveness of a restorative process, except for the most serious offences); *[1[1 1.the referral to a restorative justice service is made as soon as possible after the offence (research shows that referrals made more than 3 months after an offence may limit the effectiveness of a restorative process, except for the most serious offences); *[1[1

77 Desirable Criteria Click on the words for details: Back to Contents Desirable Criteria 1. Time-Lapse 2. Impact 3. Community Sherman, Strang and Woods, 2000: Recidivism Patterns In The Canberra Reintegrative Shaming Experiments (RISE) Centre for Restorative Justice, Research School of Social Sciences, Australian National University, November 2000: 18; Mier, D. et.al., 2001: An Exploratory Evaluation of Restorative Justice Schemes (Crime Reduction Research Series Paper 9, Home Office UK: x. Essential Criteria Restorative processes have been shown to be most effective where: 2.the offence has (or is likely to have) had a significant impact upon or caused harm to an identifiable person or persons;*11 2.the offence has (or is likely to have) had a significant impact upon or caused harm to an identifiable person or persons;*11 1.the referral to a restorative justice service is made as soon as possible after the offence (research shows that referrals made more than 3 months after an offence may limit the effectiveness of a restorative process, except for the most serious offences); [1[1 1.the referral to a restorative justice service is made as soon as possible after the offence (research shows that referrals made more than 3 months after an offence may limit the effectiveness of a restorative process, except for the most serious offences); [1[1

78 Desirable Criteria Click on the words for details: Back to Contents Desirable Criteria 1. Time-Lapse 2. Impact 3. Community [1]] Essential Criteria Restorative processes have been shown to be most effective where: 3.if the offence has had an impact on an organisation or community, the needs and views of that organisation or community are communicated, in person, by a suitable representative, to the person responsible. End Show 2.the offence has (or is likely to have) had a significant impact upon or caused harm to an identifiable person or persons;*11 2.the offence has (or is likely to have) had a significant impact upon or caused harm to an identifiable person or persons;*11 1.the referral to a restorative justice service is made as soon as possible after the offence (research shows that referrals made more than 3 months after an offence may limit the effectiveness of a restorative process, except for the most serious offences); [1[1 1.the referral to a restorative justice service is made as soon as possible after the offence (research shows that referrals made more than 3 months after an offence may limit the effectiveness of a restorative process, except for the most serious offences); [1[1

79 Referral Protocols Click on the words for details: By the Reporter By Hearings Back to Contents

80 Referrals by the Reporter Click on the words for details: Back to Contents 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report Text By the Reporter Reporter decides there is sufficient evidence that the person charged by the police has committed an offence. By Hearings Step 1.

81 Referrals by the Reporter Click on the words for details: Back to Contents reports from local authority (e.g. school, IAR, SBR). 3 Step 2. a report from the RJS on PR’s suitability for RJ 1 1 When requesting a report from RJS, reporter should provide them with relevant information about case. By the Reporter 2 If Reporter asks for reports from both RJS and local authority, he/she should let them know so they can work together. 3 If Reporter asks for reports from local authority, and it feels that RJ may be suitable, then it can refer a child to the RJS. 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings If case meets criteria for RJ, then the Reporter may ask for... And 2 /or Notes

82 Referrals by the Reporter Click on the words for details: 1.Having received a referral in terms of section 52(2)(i) of the Children (Scotland) Act 1995, the Reporter assesses that there is sufficient evidence that the person referred has committed an offence(s). Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings

83 Referrals by the Reporter Click on the words for details: 2. At the Initial Decision stage the Reporter considers the reports to be requested in relation to the person responsible for the offence (e.g. report from school, Initial Assessment Report or Social Background Report). The reports should be submitted in the usual time-scales. Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings 3. If the offence meets the agreed Criteria for a Referral to a Restorative Justice Service (RJS), the Reporter should consider requesting a report from the RJS on the suitability of the person responsible for participating in a restorative justice service in relation to the offence(s).... The Reporter shall have the option of requesting such a report in addition to, or as alternative to, the reports mentioned in paragraph 2 above. [i.e. from school, IAR or SBR.]

84 Referrals by the Reporter Click on the words for details: 3.... Such a report shall contain an assessment of the willingness of the young person to engage with the RJS and his/her current motivation to change and willingness to co-operate. The time-scale for submitting such a report shall be up to 20 working days from the Reporter’s request.... Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings

85 Referrals by the Reporter Click on the words for details: 4. In requesting a report from the RJS as described in paragraph 3, the Reporter shall provide the RJS with the information regarding: a.The age of the person responsible; b.The name, address and, if possible, telephone details of the person responsible and his or her parents or guardians; c.The date, time and nature of the offence; d.The existence and age of any co-accused; e.The extent of any damage or harm caused to an identifiable person(s) and/or other affected persons; f.Any risk factors associated with the person responsible and his or her family situation; g.Involvement of social work or other relevant agencies, if known; h.Any previous participation by the person responsible in any restorative process. Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings

86 Referrals by the Reporter Click on the words for details: 5. If the Reporter requests a report from both the RJS and an Initial Assessment Report (IAR) or Social Background Report (SBR) from the local authority, he/she shall advise both the RJS and the local authority of the fact that both reports have been requested with a view to facilitating the co-ordination of work with the person responsible between the RJS and the local authority. (It is recognised that they may be one and the same organisation). Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings

87 Referrals by the Reporter Click on the words for details: 6. If the Reporter requests a IAR or SBR from the local authority and that service feels that a referral to a RJS may be appropriate, then the local authority [may refer the person responsible directly to the RJS for assessment].* If the RJS assess that he/she is suitable for participating in the restorative justice service, and is willing to participate, the RJS should request details of the person harmed by the offence from the Reporter. Final Reports should be sent to both the Reporter and the local authority. Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings

88 Referrals by the Reporter Click on the words for details: Back to Contents By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings Step 3. The RJ facilitator visits the PR and parents. If, during the initial visit, the Facilitator decides that the PR is suitable and willing, then they can offer the RJ service at that time.

89 Referrals by the Reporter Click on the words for details: 6. If the Reporter requests a IAR or SBR from the local authority and that service feels that a referral to a RJS may be appropriate, then the local authority [may refer the person responsible directly to the RJS for assessment].* If the RJS assess that he/she is suitable for participating in the restorative justice service, and is willing to participate, the RJS should request details of the person harmed by the offence from the Reporter. Final Reports should be sent to both the Reporter and the local authority. Previous Slide By the Reporter * Please note that this statement is not currently accepted by all members of the Restorative Justice Group, as it leaves open the possibility that social work could by-pass the Reporter to request a report on the suitability of the person responsible. The summary in this presentation (I.e. that a referral can be “recommended” by the local authority is accepted by all members of the Group. 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings

90 Referrals by the Reporter Click on the words for details: Back to Contents By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings Step 4. Notes 1 If the final decision is not to arrange a Hearing, RAD should record “Restorative justice” as the Disposal Detail. 2 Reporter’s letter telling the PR of the final decision should make it clear how important it is that they continue the RJ process. The RJS sends an assessment report to the Reporter on the suitability of the PR for restorative justice. Possible Template of RJS Assessment Reporter then makes a final decision (as to whether to arrange a Hearing 1 ), and writes to PR to convey this. 2 Within 20 working days from Reporter’s request for report…

91 Referrals by the Reporter Click on the words for details: By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings Notes Possible Template of RJS assessment  He/she is willing to engage with the RJS  He/she is currently motivated to change  He/she is willing to co-operate. These conclusions are based upon the following:  Social Work indicated previous cooperation in...  The consent form was signed, which included...  The risk assessment form indicated that...  Informal statements and attitudes, for example...  A follow-up meeting, in which... Sincerely, Dear Reporter, I have met with the person responsible and his/her parents, and conclude that: Previous Slide

92 Referrals by the Reporter Click on the words for details: 7. a. If the RJS assess that the person responsible is suitable for participating in the restorative justice service, and is willing to participate, the RJS may proceed to offer that service, notwithstanding that the Reporter has not yet made his/her final decision. Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings

93 Referrals by the Reporter Click on the words for details: Back to Contents By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings Step 5. RJS asks Reporter for the contact details of the person harmed by the offence.

94 Referrals by the Reporter Click on the words for details: 7. a. In order to proceed with the service, the RJS should submit the report requested in terms of paragraph 3 and request from the Reporter details of the person harmed by the offence. Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings

95 Referrals by the Reporter Click on the words for details: 7. b. Within 3 working days of the request from the RJS, the Reporter shall write to the person harmed offering them the opportunity to participate in the restorative justice service. The letter will state that the Reporter will pass the name and address of the person harmed to the RJS in order that the RJS may contact him/her, if the person harmed has not contacted the Reporter within 5 working days of the letter being sent. The letter will make it clear to the person harmed that if he/she does not want to participate in the restorative justice service and do not want their details passed to the RJS, then he/she should contact the Reporter within the 5 working day period. Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings

96 Referrals by the Reporter Click on the words for details: Back to Contents By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings Reporter writes to the PH to provide 5 working days for them to opt-out. If the PH does not opt-out, then Reporter sends the RJS their contact details.* Step 6. * If the PH does opt-out, then the Facilitator will use a Victim Awareness programme with the PR. Note Within 3 working days of RJS request for contact details… Within 10 working days of RJS request for contact details…

97 Referrals by the Reporter Click on the words for details: 7. c. If within 5 working days of the letter being sent, the person harmed does not contact the Reporter to indicate that he/she does not consent to their details being passed to the RJS, the Reporter shall provide the RJS with his/her name and address within 10 working days of the original request by the RJS. Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings

98 Referrals by the Reporter Click on the words for details: Back to Contents By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings RJ Facilitator visits the PH.* Step 7. PH agrees to participate in process. Facilitator prepares all participants. Restorative Justice Conference, Face-to-Face Meeting, or Shuttle Dialogue takes place. * If the PH cannot be contacted or declines service, then the Facilitator will use a Victim Awareness programme with the PR. Note

99 Referrals by the Reporter Click on the words for details: 7. d. The form of the restorative justice service to be offered (e.g. restorative justice conference, face-to-face meeting, shuttle dialogue, or victim awareness) shall be agreed between the person responsible, his/her parents, and the person harmed in accordance with the Statement of Principles for the Use of Restorative Justice Processes in the Children’s hearings system. Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report. RJS sends report By Hearings

100 Referrals by the Reporter Click on the words for details: Back to Contents By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report By Hearings

101 Referrals by the Reporter Click on the words for details: 8. The Reporter should proceed to make a final decision in relation to the referral(s) in the usual way, taking into account the reports received, in accordance with the Framework for Decision-making by Reporters. For the avoidance of doubt, the Reporter retains all of his/her statutory powers in relation to a final decision, notwithstanding that the person responsible may have begun to participate with the RJS in relation to the offence(s). The Reporter should not keep a referral open whilst awaiting the outcome of the participation of the person responsible with the RJS simply to see if the person responsible will co-operate.* Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report “11. The co-operation of the person responsible is critical to the service provided and any non-co-operation subsequent to assessment, whilst impossible to completely prevent, must be reviewed by the service providers. Any local pattern of this situation must be evaluated by the service provider and Reporter to assess the quality of the assessment process, the service itself and the Reporter’s decision-making. Over the first year of the operation of this Protocol, SCRA will collate and produce a report on the co-operation of young people with the service provided based upon the final reports provided by the RJS.” By Hearings

102 Referrals by the Reporter Click on the words for details: 9. If the Reporter’s Final Decision is not to arrange a children’s hearing as compulsory measures are not required and the person responsible is to participate in the RJS, the “Disposal” section of the Final Decision recorded in RAD should record “Restorative justice” as being the Disposal Detail.... Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report By Hearings

103 Referrals by the Reporter Click on the words for details: 9.... The Reporter’s letter to the person responsible and other relevant persons should make clear the importance of the person responsible participating in the RJS. Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report By Hearings

104 Referrals by the Reporter Click on the words for details: Back to Contents Notes By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report If the final decision is to arrange a Hearing, then RJS may be asked to make a report of (interim or final) available to the Hearing. If the final decision is not to arrange a Hearing, then RJS provides a final report on outcome to the Reporter. Template of RJS Final Report By Hearings RJS provides a final report on the outcome of the process to the Reporter. Step 8. End Show

105 Referrals by the Reporter Click on the words for details: 10. If the Reporter’s Final Decision is to arrange a children’s hearing and the person responsible has begun (or completed) work with the RJS in relation to an offence referred to the hearing, the Reporter shall request a report from the RJS to be made available to the children’s hearing. Previous Slide By the Reporter 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report By Hearings

106 Referrals by the Reporter Click on the words for details: 11. If the Reporter’s Final Decision is not to arrange a children’s hearing, the RJS shall provide a report to the Reporter at the conclusion of their work with the person responsible. The final report provided by the RJS should give details regarding the work carried out with the person responsible and his/her cooperation with that work. If the process has not been completed within 12 weeks, then a brief interim report should be submitted. Previous Slide By the Reporter By Hearings 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report

107 Referrals by the Reporter Click on the words for details: Template of RJS Final Report By the Reporter Form of Involvement 1. Process Used 2. Action Plan 3. Level of co-operation 4. Awareness If you have any queries about this report, or any aspect of our involvement with [person responsible], please do not hesitate to contact me. Sincerely, Dear Reporter, I am writing to inform you that our work with the above named person responsible has been completed. 1. Reporter assesses evidence 2. Initial Investigation 3. RJS assesses PR’s suitability 4. Reporter’s final decision 5. RJS requests PH’s details 6. Reporter writes to PH 7. RJS procedures 8. RJS sends report By Hearings Previous Slide

108 Referrals by Hearings Click on the words for details: Back to Contents 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report By the Reporter By Hearings Step 1. The RJ facilitator visits the PR and parents If, during the initial visit, the Facilitator decides that the PR is suitable and willing, then they can offer the RJ service at that time. The panel requests an assessment from the RJS on the PR’s suitability. 1 Note 1 Normally, this assessment would be made prior to a Hearing, and then presented to the panel. If no assessment has yet been made, and if the PR voluntarily agrees to meet with the RJS, the panel may continue the case and request an assessment report from the RJS. The Reporter asks RJS for assessment report. Within 2 working days of the Hearing…

109 Referrals by Hearings Click on the words for details: 1.In cases where a person responsible has been referred to a hearing and has not yet participated in a restorative justice service, the appropriateness of restorative justice would normally be included in the assessment available to panel members. Where this is not the case, then if the children’s hearing, when considering a person whose accepted or established grounds for referral state that he/she has committed an offence, consider that a referral to a RJS is appropriate, they may continue their consideration of the case and request a report from the RJS on the suitability of the person responsible for participating in a restorative justice service in relation to their offence(s). The Reporter should contact the RJS within 2 working days of the hearing. The time-scale for the RJS report shall be 20 working days. Previous Slide By the Reporter By Hearings 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report

110 Referrals by Hearings Click on the words for details: 2. a. If the RJS assess that the person responsible is suitable for participating in the restorative justice service, and is willing to participate, the RJS may proceed to offer that service, notwithstanding that the children’s hearing has not yet made their final decision. Previous Slide By the Reporter By Hearings 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report

111 Referrals by Hearings Click on the words for details: Back to Contents By the Reporter By Hearings The RJS provides an assessment report to the Hearing on the suitability of the PR for restorative justice. Possible Template of RJS Assessment The panel then makes a decision in the usual way, with RJ as a voluntary element. Step 2. 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report Within 20 working days of the Reporter’s request for the report…

112 Referrals by Hearings Click on the words for details: By the Reporter By Hearings 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report Notes Possible Template of RJS assessment  He/she is willing to engage with the RJS  He/she is currently motivated to change  He/she is willing to co-operate. These conclusions are based upon the following:  Social Work indicated previous cooperation in...  The consent form was signed, which included...  The risk assessment form indicated that...  Informal statements and attitudes, for example...  A follow-up meeting, in which... Sincerely, Dear Reporter, I have met with the person responsible and his/her parents, and conclude that: Previous Slide

113 Referrals by Hearings Click on the words for details: 8. On receipt of the report from the RJS, the hearing shall proceed to come to a decision in the usual way. As the voluntary participation of a person responsible with a RJS is one of the principles stated in the Statement of Principles for the Use of Restorative Justice Processes in the Children’s hearings system, the hearing should be advised that it would be contrary to those principles to make a condition of a supervision requirement regarding the participation of a person responsible with the RJS. Previous Slide By the Reporter By Hearings 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report

114 Referrals by Hearings Click on the words for details: Back to Contents By the Reporter By Hearings Step 3. 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report RJS asks Reporter for the contact details of the person harmed by the offence.

115 Referrals by Hearings Click on the words for details: 2. a.... In order to proceed with the service, the RJS should contact the Reporter requesting details of the person harmed by the offence. Previous Slide By the Reporter By Hearings 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report

116 Referrals by Hearings Click on the words for details: Back to Contents By the Reporter By Hearings Step 4. * If the PH does opt-out, then the Facilitator will use a Victim Awareness programme with the PR. Note 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report Reporter writes to the PH to provide 5 working days for them to opt-out. If the PH does not opt-out, then Reporter sends the RJS their contact details.* Within 3 working days of RJS request for contact details… Within 10 working days of RJS request for contact details…

117 Referrals by Hearings Click on the words for details: 2. b. Within 3 working days of the request from the RJS, the Reporter shall write to the person harmed offering them the opportunity to participate in the restorative justice service. The letter will state that the Reporter will pass the name and address of the person harmed to the RJS in order that the RJS may contact him/her, if the person harmed has not contacted the Reporter within 5 working days of the letter being sent. The letter will make it clear to the person harmed that if he/she does not want to participate in the restorative justice service and does not want his/her details passed to the RJS, then he/she should contact the Reporter within the 5 working day period. Previous Slide By the Reporter By Hearings 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report

118 Referrals by Hearings Click on the words for details: 2. c. If within 5 working days of the letter being sent, the person harmed does not contact the Reporter to indicate that he/she does not consent to their details being passed to the RJS, the Reporter shall provide the RJS with his/her name and address within 10 working days of the original request by the RJS. Previous Slide By the Reporter By Hearings 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report

119 Referrals by Hearings Click on the words for details: Back to Contents By the Reporter By Hearings Step 5. 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report RJ Facilitator visits the PH.* PH agrees to participate in process. Facilitator prepares all participants. Restorative Justice Conference, Face-to-Face Meeting, or Shuttle Dialogue takes place. * If the PH cannot be contacted or declines service, then the Facilitator will use a Victim Awareness programme with the PR. Note

120 Referrals by Hearings Click on the words for details: 2. d. The form of the restorative justice service to be offered (e.g. restorative justice conference, face-to-face meeting, shuttle dialogue, or victim awareness) shall be agreed between the person responsible, his/her parents, and the person harmed in accordance with the Statement of Principles for the Use of Restorative Justice Processes in the Children’s hearings system. Previous Slide By the Reporter By Hearings 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report

121 Referrals by Hearings Click on the words for details: Back to Contents By the Reporter By Hearings This report should be included in the Social Background Report at any review Hearing. Step 6. 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report Template of RJS Final Report End Show RJS provides a final report on the outcome of the process to the Reporter.

122 Referrals by Hearings Click on the words for details: 9. “At a subsequent review hearing the social background report should include information as to the outcome of the involvement of a person responsible with the RJS.” Previous Slide By the Reporter By Hearings 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report

123 Referrals by Hearings Click on the words for details: By the Reporter By Hearings 1. RJS assesses PR’s suitabilityRJS assesses PR’s suitability 2. Hearing’s decision. Hearing’s decision 3. RJS requests PH’s details. RJS requests PH’s details 4. Reporter writes to PH. Reporter writes to PH 5. RJS procedures. RJS procedures 6. RJS sends report. RJS sends report Template of RJS Final Report Form of Involvement 1. Process Used 2. Action Plan 3. Level of co-operation 4. Awareness If you have any queries about this report, or any aspect of our involvement with [person responsible], please do not hesitate to contact me. Sincerely, Dear Reporter, I am writing to inform you that our work with the above named person responsible has been completed. Previous Slide


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