Session 5 : Restorative Justice OECS JUVENILE JUSTICE REFORM PROJECT/ JUDICIAL EDUCATION INSTITUTE (JEI) OF THE EASTERN CARIBBEAN SUPREME COURT MAGISTRATES CONFERENCE TRAINING WORKSHOP FOR THE CARIBBEAN LOOKING TOWARDS A NEW DAWN: DIVERSION IN JUVENILE JUSTICE 26-28 August, 2013 The Verandah Resort & Spa Antigua Indian Town Road, Long Bay, Antigua and Barbuda Session 5 : Restorative Justice Facilitator: Hazel Thompson-Ahye LLM Merit Family Law

RESTORATIVE JUSTICE RESTORATIVE JUSTICE – not mediation Originated as mediation or reconciliation between victims and offender –victim/offender reconciliation/mediation. Retributive justice: How do we punish this offender? Restorative justice: How do we restore the well- being of the victim, the community and the offender? Restorative justice- roots in practices in ancient cultures before colonization; addresses victims harms and needs, holds offenders accountable to put right the harm they have caused; uses reintegrative shaming – for peace and healing. 1974 Canadian probation officer brought 2 young offenders together with victims in victim/offender reconciliation meeting -agreed to restitution for vandalism. Encouraged by success, programme expanded.

RESTORATIVE JUSTICE Restorative conference: Definition A structured meeting facilitated by a trained facilitator involving the offender, victim and their communities of care ,i.e. their supporters. Participants sit in circle and facilitator uses order of speakers defined in conference script- offender, victim, victim supporter, offender supporter- to ask each person a set of restorative questions. Facilitator then conducts discussion on what victim needs and how those needs might be met. 1991-Australian police officer, Terry O’Connell, adapted FGC to divert young people from court.

RESTORATIVE JUSTICE Uses of restorative conference Repair harm to the victim and community caused by wrongdoing; Relieve the burden on courts when employed as a diversion from the criminal and juvenile justice systems; Can be used pre-arrest, after arrest, pre-sentence and post-sentence; Eliminate bullying and other school misbehaviour ; Reduce recidivism.

RESTORATIVE JUSTICE Uses of restorative conference: By whom? Police – as warning or diversion from court Courts- diversion- alternative sentence process or healing event after court process Probation officer- as response to probation violations Correctional /treatment facilities-resolve underlying issues in conflict/disciplinary matters Colleges/universiites-residence halls incidents, disciplinary violations Workplace- address wrongdoing and conflict

Restorative questions Offender: What happened? What were you thinking of at the time? What have you thought about since the incident? Who has been affected by what you have done ? In what way? What do you think you need to do to make things right? Victim: What did you think when you realized what had happened? What impact has this incident had on you and others? What has been the hardest thing for you? What do you think needs to happen to make things right?