Transcript Applying Restorative Justice in the Irish Criminal Justice

Restorative Connections
Developing a roadmap across
the Island of Ireland
Harry Maguire, Emily Sheary &
Tom Winstone
Restorative Practices in Partnership with the
Community
This Workshop will explore the Experiences Of:
Community Restorative Justice Ireland
Northern Ireland Alternatives
Nenagh Community Reparation Project
Harry Maguire, Manager, Community Restorative Justice
Ireland
Tom Winstone, Manager, Northern Ireland Alternatives
Emily Sheary, Co-Ordinator, Nenagh Community Reparation
Project
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INTRODUCTION
This workshop will consider the potential for restorative
practices to be developed and delivered in partnership with
the community.
Experiences of Nenagh Community Reparation Project a
Community based Restorative Justice Project in Nenagh,
County Tipperary
Experiences of NI Alternatives and CRJI the community
based initiatives managed by Harry and Tom in Northern
Ireland.
45 mins of discussion time for questions and to consider the
projects which are rooted in Communities, North and South.
Agree one action point as part of our discussion - what new
step can we implement in our restorative practice following
today’s workshop?
Nenagh Community Reparation
Project
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Nenagh Community Reparation Project
(NCRP)- a Restorative Justice Project based in
Nenagh, County Tipperary
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How we work, who we work for and the
challenges and opportunities we encounter
What is NCRP and what do we do:
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Restorative Justice Service in Counties Tipperary and
Offaly.
Funded by the Department of Justice through the
Probation Service.
Adult Referrals, majority male aged 18-25
Working within the Criminal Justice System taking
Judge directed referrals
Referrals made at pre sanction stage following the
establishment of guilt
Process
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Referrals dealt with according to specifics of parties
involved.
Invitation to victim and offender to engage on a
voluntary basis
Victim invited to participate to whatever extent they
wishIf no direct victim participation a reparation panel is
convened- panel comprised of Facilitator, Garda and
community representation.
Panel discuss: nature of the offence, who has been
affected, how the harm can be repaired and how to
avoid future offending.
Contract of Reparation
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Community volunteers participate in discussing the
impact of the offence on the victim / community and
developing the Contract of Reparation.
Victim interests represented to the maximum extent
Contract of Reparation is agreed-a set of reparative
actions which demonstrates that the offender has
gained an understanding of the implications of their
actions, is taking steps to repair harm caused and to
avoid re-offending.
Progression of Contract
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Completion of the Contract supported and
monitored by NCRP.
Return to Court for review of progress. If Contract
complete Judge will deal with the matter taking into
account the work undertaken.
Victim is informed of level of compliance and final
outcome if they wish.
Broad range of offences dealt with- Assault, Theft,
Burglary, Drug Offences, Damage to Property,
range of Public Order
Who Does NCRP Work for?
Engaging with those directly involved- victim, offender and
community
VICTIM PARTICIPATION:
Benefits for victim: to be central figure in the process, to be
heard, to have a say, to receive information on outcomes,
monetary restoration, apology, reparation.
Victims want different things; flexible approach required to
work with victims to whatever extent they wish.
Victim engagement is entirely voluntary
If victim is not participating their views will be represented
throughout the process.
Offender Participation
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Opportunity to accept responsibility, understand
consequences, make reparation.
Participation is fully informed and consented.
Environment of mutual respect, voluntary
engagement, flexible approach, consensus
Assessment as to suitability
Contracts vary-may involve apology, voluntary work,
compensation, self development.
Contract submitted to Court for approval
Community Involvement
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Strong Community Ethos
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Panel of Community Volunteers in each area
Community participation in panel meetings where
no victim participation or where community is the
victim- public order offences, damage to public
property.
Facilitation of reparation within community groups
Inclusion and Integration
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Sample Contract of Reparation
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John- Aged 22, unemployed, early school leaver.
Offence: Public Order and Criminal Damage
Drunk on the street became abusive with Gardaí who
directed him home. Destroyed hanging baskets of a local
business owner.
Panel discussed: Impact on Gardaí /business owner/
community- residential street, public incident. Misuse of
Alcohol, John’s plans for his future.
Contract Terms: Apologise to Gardaí and local business
owner. Compensation for value of plants or replacement.
20 hours voluntary work with Tidy Towns group in his
local area. Drug and Alcohol education and awareness.
Investigate courses in his local education centre.
Challenges
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Role of the victim Vs. role of the community
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Victim non participation for many reasons: unidentifiable
victim, passage of time, matter resolved, fear, anger.
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Timeframe of the Court process and perception of offender
motivation can be problematic
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Lack of legislative base can lead to inconsistency in referral
levels as project relies on individual Judges.
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Legislation could aid: legitimacy, consistency of referral,
consistency in recording outcomes, ensure safeguards, aid
expansion.
Maintaining a meaningful role for Community within context
of more serious harm
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To Conclude
RJ offers some challenges and many opportunities.
Opportunity for victims and community to have a say and
play a role in dealing with offences.
Feedback
from participants illustrates the benefits of the
process and that the process is perceived as fair.
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participation is voluntary, agreements are reached
by consensus and compliance is supported and monitored
successful outcomes are more likely.
Future
efforts must focus on development and maintenance
of good and consistent practice, education of all
stakeholders within Criminal Justice System so that the
position of RJ can be strengthened and developed for the
benefit of all stakeholders.
Stakeholder Feedback
Offender:
“It was a fair contract and it has helped so much. If I hadn’t have
done this contract I probably would have got into more trouble but
instead I have really improved my ways of drinking and my life.”
“just really wanted to take back what I have done when I seen the
expression on the victim’s face.”
Victim:
“good to see offenders making a contribution to the cost of the
damages with their own time and effort…found this process very
beneficial, received an apology and was satisfied with that apology”
Community
“All the people I met deserved a chance. It is a good opportunity …to
give someone a chance to learn from their mistakes. A very positive
development .
CRJI & NIA
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Government Accredited Organisations
Inspected by Criminal Justice Inspectorate
Restorative Qualifications up to 3rd Level
Restorative = Relationships
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Why Restorative Practice
In what Situations
Has Restorative Practice worked
Restorative Practice = Diversity
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3 Case examples
Neighbourhood – Restorative Mediation
Criminal Justice – Community/Police
Community/Statutory
Partnerships
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Police
Probation
N.I. Housing Ex & Associations
Social Services
N.I.P.S.
D.S.D
Y.J.A.
Restorative Values underpin
Restorative Relationships
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Respect
Voluntary
Tolerance
Responsibility
Accountability
Openness
Transparency
Developing The Road Map
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Questions & Answers