Restorative Justice in Scotland: at the crossroads?

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Restorative Justice in Scotland at the crossroads European Restorative Justice Forum ERJF Friday 13th June 2014Jenny Johnstone University of Newcastle Scottish Centre for Crime andJustice Research SCCJR .
David Orr Centre for Youth and Criminal Justice CYCJ Mary Munro University of Strathclyde SCOTLAND Separate jurisdiction Relatively small .
advantage anddisadvantage personalities count Can effect change Provider agencies.
CJSW Criminal Justice Social Sacro SafeguardingCommunities and ReducingOffending VSS Victim SupportScotland voluntary sector.
organisations COPFS Crown Office andProcurator Fiscal Service Agreements i e between COPFSand Sacro re diversion for 16 18.
Police Prison Processes see Scottish Government for descriptions RJ Conferences RJ FG Conferences Face to face.
Others Shuttle dialogue Victim awareness Restorative conversations etc etc Attempts at formulating guidance and guidelines forprocesses to provide coherence Brookes Sacro Restorative Justice Training Service Scottish.
Government Best Practice Guidance forPractitioners 2008 etc See VW Scotland A 2013 Mary UHI Postgraduate Qualification Restorative Attempts at coordinated approaches.
Groupings and initiatives RPS practitioner focused in its development SCCJR RJ Research Working Group research focused Scottish Government 2008 Progressing thinking aboutRJ event.
CJSW Development Centre champions group Champion forRJ mooted Sacro VSS joint initiative Restorative Justice Joint ActionProject joint working possible from 2008 event but noevidence of implementation or taking this forward.
BUT lack of effective coordination and understanding CJSagencies voluntary sector lack of commitment by SG Defining UnderstandingRestorative Justice.
RJ and RP application Some practitioners avoiding using the term restorative Focusing instead on the term restorative practice witha scale informal to formal Problems with defining suggests Scotland not sure.
what rj or rp is and what it means in Scotland If there are debates over terms how do politicians civilservants present it in legislative form and give effect for example to the EU Directive BUT skills and values there are commonalities see.
surveys later David In PracticeMany examples focus on a few concerns issues difficulties Police Restorative Warnings restorative.
Children s Hearings System and RJ use TASC Kearney Kirkwood rollout but new initiativehas started Kearney Whyte Restorative Justice Toolkit for cases of HistoricalInstitutional Abuse linked to TTBH Forum .
Johnstone Brookes Sacro confidentiality and privacyissues person responsible not there but ratherrepresentative of the institution BUT Scotland willing to try Other examples .
Other examples Sacro main providers Focus has tended to be Youth Justice Young offenders.
Prison Cornton Vale women andPolmont YOI Represents ad hoc approaches i e bullying and issuesbetween prisoners Schools.
justice preference for approaches or practice Some small scale evaluations have beenundertaken Dutton Whyte 2006 2008 Curran MacQeeen and Whyte 2007 Sacro withViewpoint 2008 Kirkwood 2009 2010 .
Sacro other initiatives bespoke practices No large scale evaluation has been undertaken akin to Sherman Strang or Shapland et al although some discussion in 2008 Attempts to assess understanding awareness.
and use of RJ nationally and across differentagencies to assess any common understanding two surveys undertaken David A tale of two surveys 2 separate but thematically linked online.
Joint Survey of SCCJR RJ Research WorkingGroup RJ Champions Group and Sacroinformed by RPS and SCCJR research Juneand July 2010 CYCJ Survey drawing on learning from 2010.
and opportunities post February 2014conference February to April 2014 Why conduct a restorative justice survey To develop a more nuanced understanding in Focus of surveys.
What did the surveys seek to establish Knowledge and involvement in RJ RP Understanding of RJ RP Different practices Views on outcomes of RJ RP .
What practices were within their understandingof the remit of RJ Achievable outcomes Supporting of different RJ approaches Strengths and.
Strengths Reasonable sample sizes 2010 89 2014 82 Good geographical spread of respondents Good coverage of voluntary sector practice Detailed insights into the youth justice sector and the.
Scottish Prison Service SPS Keen interest and participation of academic communityWeaknesses Limited reach into the adult criminal justice social work Limited participation from Scottish Children s Reporter.
Administration SCRA Crown Office and ProcuratorFiscal Service COPFS and or Judiciary Purposive sampling rather than more robust research RJ PhilosophyAccording to one of the respondents to the.
2010 survey The term actually describes a philosophy but tends to refer in Scotland to servicesand therefore means a range of optionsthat deal with the harm caused by.
offending and anti social behaviour Allowing all those involved and affected anopportunity to address the harm and havetheir needs met Experience.
75 of respondents used RJ withintheir work with 62 using it routinely 47 of respondents had directexperience of facilitating face to faceRJ conferences while 56 had.
experience of other forms of RJpractice e g shuttle diplomacy supporting letter writing supportingreparation tasks etc Timing and breadth of.
2010 and 2014 RJ approaches usefully adopted at any stage ofthe conventional criminal justice process Alternative to prosecution Structured Deferred Sentence .
Court order Community Payback Order During Prison Sentence When on License Respondents generally more comfortable with RJin response to lower tariff offences .
Respondents open to use of RJ approaches inresponse to more serious offences withappropriate safeguards RJ outcomesThe 2010 respondents viewed the following.
outcomes as significant aims of RJ For offenders to understand and acceptresponsibility for their behaviour 91 For offenders to make amends in a meaningfulway 83 .
For both the offender and victim to have a moremeaningful involvement in the Criminal JusticeSystem 73 For the offender to be helped to reintegrateback into society 71 .
For the offender to be helped to desist fromoffending 70 RJ and serious crime 13 of respondents would definitely support useof RJ approaches in response to serious crime .
56 may support use of RJ approaches inresponse to serious crime 65 of respondents supported the developmentof RJ approaches in response to serious crime For those expressing doubts in relation to RJ in.
response to serious crime these tended to stem Concerns about risk assessment Concerns about the intensity of pre RJpreparation What next .
RJ register Mapping Training Leadership Pilot projects.
Curious failure to implement funding seen by some LocalAuthorities as an addon and extra expense .
culture of punitiveness capacity trainingchallenges Curious failure to implement reluctance of some RJ.
providers to engage withvictim services Victim services RJ not a competing stakeholders complacent belief in.
merits of Scottish no crisis Scotland pathway toinnovation 2013 14 .
formation of RJ Forum winding up of Restorative Practices reflections arising from RISC Restorationin Serious Crime Whyte and Kearney sparallel session.
RJ in serious crime conference European Directive 2012 establishingminimum standards support andprotection of victimsArticle 12 Right to safeguards in the context.
of rj services2 Member states shall facilitate thereferral of cases as appropriate to rjservices including through theestablishment of procedures or guidelines on.
the conditions for such referral European Directive 2012 establishing minimum standards support and protection of victims Scotland pathway toVictims and Witnesses.
Bill innovation Stage 2 autumn RJ Forum interventionto establishentitlement of victim.
to request access torestorative practice Scotland pathway toinnovation 2C Restorative justice.
1 The Scottish Ministers may issueguidance about a the referral of a person who is or appears to be a victim in relationto an offence and a person who has .
or is alleged to have committed theoffence to restorative justiceservices and b the provision of restorativejustice services to those persons .
Scotland pathway toinnovation RJ Forum strategy articulating and prioritisingvictims benefits.
communication RJinScotland collaboration mapping capacity building.
Restorative Justice Are you for it Perhaps yes perhaps noWho is making this enquiry jenny johnstone newcastle ac ... .
d orr strath ac ukmary munro strath ac ukFor both the offender and victim to have a more meaningful involvement in the Criminal Justice System (73%). For the offender to be helped to reintegrate back into society (71%). For the offender to be helped to desist from offending (70%).

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