Restorative justice and policing Information pack

October 2014 Contents

3 Introduction 4 The facts on restorative justice 6 Questions and answers on restorative justice and policing 10 Implementing restorative justice in a police force 12 Restorative justice on the ground 13 Repairing the Harm 14 Vandalism in Warrington 16 The black community youth forum 18 Dan’s story 20 Callum’s story 22 Training in restorative justice 23 Becoming an accredited practitioner 24 Further reading

“This information pack is an invaluable resource which should be read and used by every police force. It will help forces looking to introduce or increase their use of restorative justice by providing valuable case studies, examples of best practice and useful information about training and accreditation. This will help to ensure that every victim in England and Wales can access restorative justice wherever and whenever they need it.” Garry Shewan, Greater Manchester Police ACPO Lead on Restorative and Community Justice

2 Restorative justice and policing information pack Introduction

This information pack has been developed by the Restorative Justice Council (RJC) to assist police forces in their provision of high quality restorative justice.

The RJC is the independent third sector cent reduction in reoffending and significant membership body for restorative justice. Our cost savings to criminal justice agencies and the role, with Ministry of Justice support, is to taxpayer. Restorative justice also has the support promote access to high quality restorative justice of the public. A recent poll found that 88 per cent for all victims of crime across the country. The of people believe that victims of crime should information contained in this pack is intended have the right to meet the offender. to help your force deliver safe, effective The use of restorative justice within police restorative justice. forces in England and Wales is increasing at a Restorative justice is a victim focused resolution significant pace but it is developing at varying to crime. It empowers victims by giving them levels across different forces which can present a chance to meet or communicate with their a confusing picture. In some forces restorative offender to explain the real impact of the crime. provision is patchy, whereas in other areas it It also holds offenders to account for what they is more developed, with the police involved in have done and helps them to take responsibility multi-agency partnerships with other statutory and make amends. Restorative justice can be and voluntary sector organisations to deliver used for both adults and young offenders and for restorative justice. any type of crime. It is not, as often portrayed, a This pack provides information for all forces, soft option, and can be used at all stages of the from those hoping to introduce restorative justice criminal justice system from out of court disposals to those who have extensive experience and wish to alongside a custodial sentence. to ensure that their use of restorative justice is Building confidence in justice and meeting carried out to the highest standards. We hope you the needs of victims are central to the role of find it useful. If there is further information that the police. Restorative justice can help to deliver you would like to see included in future editions, this. Government research has established that or you have any comments, please do not hesitate 85 per cent of victims are satisfied with their to contact us. experience of restorative justice. The study also Jon Collins showed that restorative justice leads to a 14 per Chief Executive Officer, RJC

Restorative justice and policing information pack 3 “It is clear that, £1/£8 For every £1 spent on delivering restorative justice, up to £8 can done well, be saved in lowering the cost of restorative justice reoffending. £400 cannot be done A 2010 report found that using a Youth Restorative Disposal was £400 to (or even for) cheaper than using a reprimand. victims, it must be 180 One vulnerable victim made 180 calls to police over nine months. One restorative justice meeting resolved done with them” the issue. Garry Shewan, ACPO Lead on Restorative and Community Justice 85% 33% 78% 89% 78% 85 per cent of Only 33 per cent 78 per cent of In Northern 78 per cent of crime victims who of victims felt victims would Ireland, 89 per victims in Cheshire have been through traditional criminal recommend cent of victims felt restorative restorative justice justice met their restorative justice who attended a justice was a better were satisfied with needs. to others. victim offender way of dealing with the process. conference with a crime. young offender were satisfied with the conference outcome.

“Restorative justice face to face meetings mediated by police officers…improved perceptions of the criminal justice system, including the police” Home Office

4 Restorative justice and policing information pack Victims say: “We’ve got to stop being patronising and start being “It was so liberating to have a voice, and to know he’d have to listen to imaginative what I was saying” about victims” “It gives you closure. People are never Mike Barton, Chief Constable, Durham the way you imagine them to be” Constabulary “For me, restorative justice turned the tables and I don’t feel like a victim any more. I’m in control now”

14% Offenders say: Restorative justice reduces the frequency of reoffending by 14 per cent. 80% 80 per cent of offenders who took part in restorative justice conferences thought it would lessen their “Nothing prepared me for it. I think the likelihood of reoffending. main fear was looking into the eyes of the people that I’d stolen from. I even had nightmares over it, I was that worried” <25% “That [restorative justice] was my turning Less than a quarter of offenders given a Youth Restorative Disposal or Adult point. When I realised what effect Restorative Disposal by the police in Bracknell have reoffended. my crimes had on other people, I felt ashamed and embarrassed”

Restorative justice and policing information pack 5 Restorative justice and policing

What is restorative justice? them to come to terms with their intervention to be considered as a Restorative justice empowers experience and move on. restorative justice activity. The four victims by giving them a voice. It standards are: gives victims the chance to meet or Does restorative justice work? 1 The offender must take communicate with their offenders Research has shown that restorative responsibility. to explain the real impact that the justice has a positive impact on 2 The victim, community or other offence had on them and potentially both victims and offenders. The affected party must be involved. receive an explanation and an government funded a £7 million, 3 There must be a structured process apology. It also holds offenders to seven year research programme into that establishes what has occurred account for what they have done and restorative justice which showed that and what the impact has been. helps them to understand the impact 70 per cent of victims chose to take 4 There must be an outcome that of their actions, take responsibility part in face to face meetings which seeks to put right the harm that and make amends. led to 85 per cent victim satisfaction has been caused or an outcome rates. 78 per cent said that they that makes other reparation that What are the ultimate goals of would recommend restorative may not be directly related to the restorative justice? justice to other victims (only 5 per original case. Restorative justice ultimately aims to: cent would not). The research also • repair the harm caused by crime showed that face to face meetings What forms can restorative • empower victims by giving them reduced the frequency of reoffending justice take? a voice by 14 per cent. Restorative justice activities can take • encourage offenders to take many forms including: responsibility for their offence and In terms of reoffending, how does • Informal use of restorative justice: take action to change restorative justice compare to other Restorative justice techniques can • reduce crime criminal justice interventions? be used informally in day to day Restorative justice consistently work by police officers to deal Isn’t restorative justice soft outperforms traditional criminal with low level crime and antisocial on crime? justice processes alone across behaviour. To be considered Restorative justice is not soft on a range of offence categories of restorative, actions must include crime – offenders often say they varying types and seriousness. No communication taking place found it much harder to face their other intervention tested in the between victim and offender to victim than to go to court. Meeting same way as restorative justice has establish what has happened, who the victim face to face and hearing demonstrated such a substantial has been harmed and what can be about the impact of their actions effect on reoffending. done to repair the harm caused. frequently brings about a real sense • A victim offender conference: of remorse and desire to change. This What are the standards for a police This involves a formal face to is the power of a restorative justice intervention to be considered as face meeting between victim and meeting. restorative justice? offender led by a trained facilitator Restorative justice is about far To avoid confusion, ACPO’s – police officers can be trained more than an offender apologising Restorative Justice Guidelines to this level. Supporters for both to their victim for a low level crime, and Minimum Standards sets out parties can also attend, usually and many victims find that it helps four minimum standards for an family members.

6 Restorative justice and policing information pack • A community conference: This work for victims of rape and families or persistent criminal offences. is similar to a victim offender of homicide victims. When offered Level 2 conferences may include conference but involves members alongside the appropriate sentence, more participants and a risk of the community who have been restorative justice can meet the assessment taking place. Police affected by a crime. needs of victims, from low level to may refer level 2 offences on to a • Indirect communication: serious crimes. Restorative justice neighbourhood justice panel where Sometimes referred to as shuttle can now be used as part of an out of trained volunteers from the local restorative justice, this involves court disposal, pre-sentence or post- community take on the responsibility messages being passed back sentence (including in custody). of facilitating meetings. and forth between victim and However, some categories of offender by a trained facilitator. crime pose particular challenges Level 3: Deals with offenders mainly The participants do not meet and for restorative justice practitioners post-sentence (although can be used messages can be passed via letter, – in particular, cases of domestic pre-sentence) and can be undertaken recorded video or audio. violence and abuse. ACPO does not while the offender is in prison. Cases recommend that police officers use may be complex and sensitive and What happens at a victim offender restorative justice in the vast majority offenders may be prolific, monitored conference? of cases of domestic violence or by integrated offender management During victim offender conferences abuse due to the risks involved for teams and deemed at risk of participants meet to discuss a crime victims. continued offending. These cases in which they have been involved. require experienced facilitators with The discussion is led by a trained When during the criminal justice specialist skills. facilitator and supporters for both process can restorative justice victim and offender can be present. be used? Can police facilitate restorative The facilitator will lead a discussion ACPO specifies three levels of justice at every level? on the crime by asking what restorative justice as used in the Although the police are able to happened, who was affected, how criminal justice system: facilitate restorative justice in all the they were affected and what can be levels mentioned above, the majority done to repair the harm that was Level 1: Instant on the street use of of cases facilitated by police officers caused. The participants may decide restorative justice as an alternative to are for low level crime and antisocial on an outcome agreement outlining other, more formal, processes to deal behaviour. Below are some of the actions to be taken to try to repair with low level crime and antisocial ways police can use restorative the harm caused. behaviour. justice for these lower level crimes:

Can restorative justice be used for Level 2: Depending on the crime, this Out of court disposals1: Out of court any type of crime? level can be used as an alternative disposals are a category of ways The RJC supports the use of to, or in addition to, the formal of dealing with usually low level restorative justice for all crime criminal justice process. Level 2 and often first time offending in a categories provided that it is formal victim offender conferences facilitated by a practitioner with can be arranged by police officers 1 The use of out of court disposals is currently under review and the government is due to appropriate training and experience. where a level 1 resolution could respond to a public consultation by the end of Restorative justice has been seen to not take place, or for more serious 2014.

Restorative justice and policing information pack 7 proportionate way that does not of restorative justice need to be Adult and youth conditional require taking the offender to court. explained to victims so that they can cautions:Conditional cautions Restorative justice is not a disposal in make informed decisions. are cautions which have one or itself but a process which can be used more conditions for the offender alongside a number of out of court Community resolutions:Community attached. One of the conditions disposals. Out of court disposals resolution is a type of out of court which can be attached to a caution should only be used in cases in disposal used by the police to deal is for the offender to participate in which the offender has admitted with low level crime and antisocial some form of restorative justice. responsibility for their offence behaviour. Restorative justice can Restorative justice can also be used and some forms of out of court be used as part of a community as the process by which to decide disposal can include an element of resolution but the two are distinct on conditions for the caution – for restorative justice. The use of out and separate and community example, the victim and offender of court disposals, as well as the resolutions can take place without may take part in a restorative justice terminology used, varies among restorative justice. To be considered process and agree on the offender different police forces. restorative, a community resolution replacing damaged property. must meet the ACPO standards set The police can also refer cases Community remedy: Recently out above. When restorative justice on to other organisations such as introduced, the community remedy is part of a community resolution, a charities or other statutory agencies gives victims of low level crime a restorative meeting between victim who may be able to facilitate a say in how the police deal with their and offender, which the police restorative justice activity depending offender. Each local policing body officer facilitates, may take place on local circumstances. has recently produced a document at the scene of the offence to deal (which will differ between forces) with low level crime effectively and What is a neighbourhood with a list of possible sanctions that proportionately. justice panel? offenders can participate in after Neighbourhood justice panels committing a low level crime if they Youth Restorative Disposals:Some (NJPs) provide a form of restorative are being dealt with out of court. police forces also use a specific type justice conferencing. NJPs involve Victims will be given the chance of disposal for first time offenders trained volunteers from a local to choose one of these sanctions under the age of 18 known as a community facilitating meetings which an offender will undertake. Youth Restorative Disposal (YRD). The between victims and offenders If the victim wishes the offender YRD involves an informal restorative for low level crime and antisocial to take part in an activity listed in justice activity taking place directly behaviour. Referrals can come from the document, the offender must after a crime has been committed, police, local authorities and housing take part unless the officer feels it and was piloted in eight police associations among other agencies. inappropriate. forces in 2008-2009. Like all out of A Ministry of Justice pilot project of Many of the community remedy court disposals, to be considered a 15 NJPs found that they were felt to documents will include an element restorative justice action the YRD be a useful addition to the existing of restorative justice on their list of must conform to the ACPO guidelines restorative justice approaches, with options. Victims’ views should be above. Some police forces also have a “panel meetings successfully opening central to the implementation of similar disposal for adults. up communication between the community remedy, and the benefits parties involved and facilitating the

8 Restorative justice and policing information pack agreement of resolutions”. Many restorative justice activities needs What is pre-sentence restorative NJPs have reported excellent to be properly trained. justice? results including very high victim In an important development for satisfaction rates. What is the difference between restorative justice, the Crime and reparation and restorative justice? Courts Act 2013 gave courts the What training do police officers need Reparation involves an offender power to defer or adjourn sentenc- to use restorative justice in their undertaking certain actions to make ing in order for restorative justice work? amends for their wrongdoing – for to take place in cases where both Training in restorative justice is the example, by paying back stolen victim and offender are willing to bedrock of quality practice, particu- money or mending something they participate. Pre-sentence pathfinders larly for practitioners who facilitate have damaged. Restorative justice are currently underway in 10 Crown face to face meetings. There are must involve victims and offend- Courts across the country to deter- different levels of training which ers coming into communication. mine the best way of implementing police can undertake depending on Sometimes the victim and offender pre-sentence restorative justice on a the extent of the restorative practices will agree on the offender taking part national scale. they use. The RJC has an online in some form of reparation but this An interim evaluation of this Trainers Register which lists provid- would be the outcome of restorative project will be available later this ers who have signed up to our Code justice, not restorative justice itself. year with a full evaluation ready by of Practice for Trainers. The Code the summer of 2015. Toolkits on of Practice sets out the minimum What is the distinction between pre-sentence restorative justice will requirements for training in restor- community resolution and be developed in the first half of 2015 ative justice. restorative justice? which will include lessons learned To learn more about training Community resolution and restor- both from the Crown Court study and and accreditation please visit: ative justice are distinct and separate. from previous pathfinders under- www.restorativejustice.org.uk/ Restorative justice is not a disposal, taken in three magistrates’ courts. training. it is a process that can be used at any Pre-sentence restorative justice stage of the criminal justice system guidance has now been published. How do you keep people safe during for any level of crime alongside – or restorative justice? as part of – an appropriate sentence Restorative justice only works if it is or out of court disposal. Community done well. Victims have to know that resolutions are an out of court they are at the centre of the process disposal that the police can use to and trust the facilitator that it will be deal with antisocial behaviour and safe and meet their needs. For this low-level crime, and can be used with reason national standards, training or without restorative justice. and accreditation are crucial. The RJC has published Best Practice Guidance for practitioners and provides accreditation for facilitators and a quality mark for services. Any police officer who facilitates

Restorative justice and policing information pack 9 Implementing restorative justice in a police force

Gary Coglan is the restorative justice development officer for Greater Manchester Police. In this article, he talks about the growth of restorative justice within his force.

For the past few years, Greater the stage where it is becoming and increased victim satisfaction Manchester Police (GMP) has fully embedded at all stages of the when compared to more traditional been at the forefront in the use criminal justice system in Greater disposals. A level 1 restorative justice of restorative justice. During 2009 Manchester. Level 1 restorative process takes on average one hour ACC Garry Shewan, who had justice is used for ‘on street’ incidents whereas a warning takes almost five recently joined GMP from Cheshire which need to be dealt with quickly hours and a reprimand four hours. Constabulary, set out a vision for the by response officers. Level 2 is aimed When looked at across the force, this use of restorative justice in Greater at neighbourhood officers and is equates to huge savings in officer Manchester following the success designed to deal with incidents which efficiency when restorative justice is of its use in Cheshire. Garry saw have a wider community impact. used. how it could benefit GMP by giving Level 3 is aimed at post-conviction Evaluation of the trial in 2010 officer discretion back after a decade prisoners and GMP works closely found similar cost savings, with an of target chasing and by allowing with Greater Manchester Probation estimated £700,000 saved across them to re-engage with communities Trust and the Prison Service. the force in a 12 month period. This to deal with low level crime and GMP is currently implementing did not include any costs incurred by antisocial behaviour in a victim Neighbourhood Justice Panels (NJPs), prisoners entering the custody suite focused way. which use community volunteers and being processed, which would Following a successful eight week to facilitate meetings with victims of course also be avoided by the use trial in 2010, GMP made the decision and offenders, across the force. of restorative justice. A similar story to roll restorative justice out across NJPs allow victims and the local can be found with reoffending rates the force. A training team was community a louder voice in the for those who undergo restorative established and training commenced judicial process. Greater Manchester justice. In 2011-12, GMP undertook in late 2010. This training was key is also piloting pre-sentence a study into reoffending and found to the successful implementation Crown Court restorative justice in that for those who undertook of restorative justice as it allowed conjunction with Victim Support to restorative justice, the reoffending officers to make informed decisions offer restorative justice to victims of rate was lower than for those who at incidents and act in the best serious offences when offenders have did not. However, the greatest reason interests of victims. It ensured pleaded guilty in court. All of these for the continued use of restorative officers did not use restorative processes represent a paradigm shift justice has been seen in the victim justice inappropriately – while no in the way GMP deal with crime, the satisfaction rates, which continue to crime is deemed to be outside the way in which victims are dealt with be in the 90 per cent range. Victims scope of restorative justice, careful and the important role they play. are no longer left outside of the consideration must be taken when In terms of volume the use of judicial process feeling little in control using it for certain offences, such as restorative justice by GMP has risen but have a voice in how the crime is domestic violence and sexual crimes. consistently since 2010. In 2013 dealt with – something often lacking Where it is used for these offences restorative justice use accounted with traditional disposals. it must only be in exceptional for 16 per cent of all solved crimes, Restorative justice is now circumstances and rigorous or just over 8,000 crimes. The embedded as a concept in Greater safeguarding and policies have been benefits of restorative justice are Manchester and looking to the future put in place to ensure this. clear – reduced costs and improved it is time to see how we can make Restorative justice is now at efficiency, reduced reoffending rates better use of it. In line with ACC

10 Restorative justice and policing information pack Implementing restorative justice in a police force

Shewan’s vision, the use of level 2 restorative justice and NJPs will be expanded and this will mean that the quality of restorative justice provided will be further improved. The next 12 months will be an exciting time for the use of restorative justice and its development and GMP will continue to work according to the principles of restorative justice – to achieve victim re-empowerment, challenge offender behaviour and put justice back into the heart of the community. Gary Coglan GMP Restorative Justice Development Officer

Restorative justice and policing information pack 11 Restorative justice on the ground

Alison Precious is a police constable and trained restorative justice facilitator. Here, she talks about the variety of her case load and some of the positive results she has achieved with restorative justice.

The classroom dispute The bag theft The pub fight “A young boy said that he was being “I dealt with an incident in which “A conference that had a profound bullied by a group of other boys, a woman had stolen a handbag effect on all parties was an incident but once we investigated there from another woman in a pub. We of violence at a pub. Everyone appeared to be issues on both sides. arranged a conference between involved agreed to take part in A conference was arranged with them and during the meeting the restorative justice. Even though all the boys and their parents in harmer sat clutching a handbag the licensee was nervous about attendance as well as representatives on her knee the whole time. The seeing the harmer, she wanted to from the boys’ school. Initially offender’s mother was present for speak to him and show him CCTV some of the parents said that they support and she said that she was footage of the night of the incident. thought their sons were being unduly devastated that her daughter had Initially when she came in she would targeted. After the conference was stolen the bag. When the conference not look at the harmer, but as the completed, however, all the parents was completed, the harmer gave conference proceeded she became stated that they had learnt things the handbag she had been clutching more involved and she showed about their children that they hadn’t during the meeting to the woman him the CCTV footage, which really known before. Not all these things she’d stolen from to replace the one shocked him. By the end of the were positive, so this was a lot for she had taken. She also agreed to conference they were talking openly the parents to admit.” other reparation for her victim.” to each other. After the conference the licensee said that she was glad she attended as it took the fear of the man away and she had now seen him as a normal lad. She had not expected the conference to have such a profound effect – she told me that she couldn’t believe how much better it had made her feel.”

12 Restorative justice and policing information pack Repairing the Harm

The film Repairing the Harm tells the story of a group of teenage boys who damaged a communal garden opened with money raised by the local community. The boys had camped in the garden and had damaged a fence around a children’s playground and some memorial trees.

The film shows how an out of court PC Loz Elphick, who facilitated the To watch an excerpt of the film disposal allowed the community to restorative conference, said: “[The visit: http://vimeo.com/rjcouncil/ move on from this thoughtless act community] do feel that justice has repairing-the-harm-excerpt of vandalism. In a police-facilitated been done. Whereas sometimes restorative conference, the young going through court, it’s a slap on the men responsible for the crime wrist and that’s the end of it, they felt listened to the affected community that this was giving more justice than and were made to take full dealing with them [the young men] responsibility for their actions. with more traditional methods.”

Restorative justice and policing information pack 13 Vandalism in Warrington

When a memorial commemorating the victims of an IRA bombing was vandalised and a plaque was stolen, the national media picked up the story. Detective Inspector Adam Ross explains why Cheshire Police decided to use restorative justice as part of an out of court disposal to deal with the offence.

On 20 March 1993 two bombs immediately. DI Ross said: “He was them to see how they wanted us to were detonated in Warrington town really remorseful, gutted, bawling proceed with the case.” centre by the Provisional IRA. Dozens his eyes out. He thought his life was DI Ross explained to the family of people were injured and two over. ‘A moment of madness’, he that restorative justice used as part children were killed by the blast. described it as.” of an out of court disposal could be In 2012, when a memorial to the The second offender, a man in his the most punitive measure available bomb victims was vandalised and fifties, had later found the plaque in in the case. Due to the nature of the a plaque dedicated to the children the street and taken it home with crime, which was low level in criminal was found to be missing, the local him. This man was seen on CCTV justice terms, and the fact that the community and the national media acting suspiciously in the area of the two offenders did not have relevant were outraged. crime and, after a routine visit from previous convictions, it seemed Detective Inspector Adam Ross, DI Ross to establish what he knew, he unlikely that a court would pass who investigated the case, said: admitted his part in the offence. down a tough sentence. “Everyone in Warrington knows the The high profile of the crime and The restorative justice conference River of Life memorial to the bomb its significance to the community was facilitated by Ellie Acton victims. The IRA chose the town and particularly the family of the and attended by both offenders, between Liverpool and Manchester bombing victims, meant that DI Ross representatives of the council and to set off two bombs in the early decided to see whether restorative Wendy and Colin Parry. It gave nineties, it was a huge tragedy for justice could be an option as part of Wendy and Colin the chance to the town. an out of court disposal to deal with explain how they felt after the act “The case itself was not something the case. of vandalism and how disappointed that would ordinarily come into the Both offenders expressed they were with the actions of the CID office, just a theft of a piece of willingness to take part in a offenders. DI Ross said: “Colin and metal. But it came through to us conference. This would mean Wendy Parry gave it to the offenders because of the significance of that meeting face to face with Wendy and massively. And so did the leaders of piece of metal. It was a very, very Colin Parry, the parents of Tim Parry the council.” emotive case. It was of the utmost who had died in the blast and whose The conference helped the importance that we got it back. name was on the plaque, as well as offenders come to terms with the “The offenders were caught council officials who maintained the effect of their actions and coming through good old-fashioned bobbying memorial. The younger offender in face to face with the victims of by my team. An officer who had particular was keen to take part. “He their crime had a big effect. DI Ross suffered an injury and couldn’t do was remorseful and was hoping to said: “The meeting changed the front line duties was able to do a move on with his life and do some younger offender’s life forever. He very time consuming CCTV trawl.” good for society,” said DI Ross. was extremely remorseful. I don’t The CCTV uncovered two DI Ross referred the case onto Ellie think that he would even walk on the separate perpetrators. One man, Acton, the strategic restorative justice cracks in the pavement in future if he in his twenties, had pulled the lead at Cheshire police. “The meeting was told it was illegal. I think it had a plaque off the wall after a night out took several weeks to organise. There massive effect on him.” drinking with friends. An image of was preparatory work to be done He continued: “The older offender this man was released to the press with the council, and with the family was accepting of what he had done, and he handed himself in almost of Tim Parry. We went to speak to but he was still of the mind that he

14 Restorative justice and policing information pack didn’t really realise what he was offender did a sponsored run for the taking when he picked up the plaque. Peace Centre charity and also did But that line became indefensible some voluntary work there. The older when Wendy and Colin Parry pointed guy was a cleaner by profession and out that he had seen it in the news did some cleaning of toilets at the and had kept hold of it rather than centre. That was a far more severe handing it in to the police.” punishment than a small fine handed During restorative justice down by a court. conferences, offenders and victims “Wendy and Colin Parry were can create an outcome agreement really positive about the experience, with actions that offenders will carry really happy. Because of the impact out to try to repair the harm they of this case on the community and have caused. DI Ross explained: “The people wanting to know what had offenders agreed at the conference happened, the restorative justice to undertake reparation work at the was a way to show that there was Peace Centre that the Parrys had set a positive outcome with people up in memory of the bomb victims. admitting the crime and having been It was a condition of the restorative dealt with.” justice disposal that the offenders DI Ross concluded: “The local carried out the work they had authority CCTV operators, the agreed to at the restorative justice neighbourhood officers, and my conference or I would come looking team all got chief superintendents for them and they would have been commendations and the plaque was charged with the original offence.” presented back to Wendy and Colin He continued: “The younger Parry and the council.” The black community youth forum

An innovative engagement project in Gloucester is seeking to improve relations between the police and young people from the local black community. The project was set up by the Gloucestershire Constabulary and is run by Paul Mukasa, Becky Beard and Jude Watts from Restorative Gloucestershire. In this article, Paul Mukasa discusses what they have learned so far.

Community engagement comes the young black men and women to – this is essential when there are in many different forms, but this feel about and react to them and to 20 young people and half a dozen particular project is designed to be understand the different forms of officers who all need to be heard. We restorative, which is reflected in communication that the police may also allow the participants to make a number of ways. Initially, it’s all have when dealing with young black their own ground rules during the about the preparation. We work with people. This can often involve subtle preparation stage so they have some police officers before putting them nuances, many of which have been ownership of the conference. We together with the young people raised during the conferences. For stick fairly closely to the restorative and get them to think about the the young people, being approached script when a young person is talking effect of their actions and styles of by the police in the street causes about their experiences and then communication. We prepare the anxiety – if they engage, their peers we ask an officer to respond. Even young people by talking to them might see them as a ‘snitch’, which though it’s not the officer who was about their experiences of contact can have serious repercussions. To involved in a particular incident, this with the police. We ask them to tell avoid this, they might nod by way of works well. us about incidents they’ve been greeting without actually speaking. It has been interesting to observe involved in and get them to think To the young people, that’s a polite that even with so many young people about whether their involvement way of acknowledging an officer in attendance they tend to stick to was controversial. Then we without having to speak, but to many the ground rules. They’re engaged, encourage them to think about the officers it comes across as rude and and they want to ask officers consequences of their actions on the antagonistic. questions, so if one of them is police during that contact. While the young people are giggling, or behaving inappropriately, Once the preparation has been unwilling to be seen associating the others will pull them into line. done the conference itself follows with the police for fear of reprisals, The circle also includes a youth the format of a traditional victim and it is frequently their defensive worker, who has been prepared not offender meeting, although there are body language which results in an to say anything unless they need to a lot more people involved. We’ve encounter. Participants explained support one of the young people had anywhere between 10 and 20 that when they see police: “Hoodies who might be having difficulty young people in a conference and, go up and hands go in pockets.” expressing themselves. After an including the police officers, there Ironically, this is often the behaviour officer has responded, we go back can be up to 30 people in the room. which prompts the police to do a to the young person who described The young people we work with stop and search. Raising awareness an incident and ask them how they are sourced from local youth among officers of these types of feel having heard the response. If a groups, and we accept anyone cultural difference could assist situation has been described which who is put forward. The only proviso with future communication and didn’t conform to best practice, the is that we have to be able to see engagement activities, and the officers in the session have been very them beforehand to prepare them, findings from the project are being open about admitting that. after which they go away and think taken forward and used to develop We see a significant thawing in about what they might want to bring police training. relations as the sessions progress. to the meeting. Like a traditional restorative In the first session, about 20 young The aim of the project is to justice conference, our sessions people came in and they were very increase police awareness of how have ground rules which we stick anti-police – the officers were quite

16 Restorative justice and policing information pack apprehensive at the start. That not considering the impact of their From the point of view of the conference lasted for nearly three actions, could have a negative impact young people, who often have a hours. Towards the end, an officer on their own interactions within the deeply ingrained fear and mistrust of who had moved to Gloucester from community. One officer commented: the police, these sessions humanise South Africa spoke. He told the “They harm me when they behave officers. They leave understanding group how much worse relations are like that.” that officers are individuals, like between police and young people Despite overall negative opinions them. They then take this back to where he comes from, and described of the police, the young people who their peers, which is really important. some of the violence that occurs. At have taken part have been able to Usually, young people will only ever that point, one of the young people start discussing ways in which better discuss instances of bad engagement, responded by agreeing – he said relations could be built – albeit with and in that sense, their perception that he was originally from Jamaica, the acknowledgement that it might of the police is only as good as the where the police are also ‘10 times take a very long time. All participants worst officers. We are giving them worse’ than they are in the UK. agreed that it would help if officers a chance to spread the word about Another officer then joined in. He turned up to community events, like good engagement. said: “From tomorrow, I’m going to youth clubs and football matches, In order to become more change the way I address people in out of uniform and in their free time. restorative generally, the police the street.” That was one of many key Attitudes were also challenged, with need to explain to people more turning points. one participant remarking that even about what they’re doing and Some really interesting issues when in uniform, officers could do why. They need to understand have been raised in our sessions. more: “Lose the stance – fit in!” how to communicate in different One of the young people pointed After the formal conference, there ways with different groups within out that a ‘good’ day for the police is a reintegration session where the community, because people means arresting lots of people and pizza and drinks are served and understand communication in finding lots of drugs. He went on to more informal conversations can different forms. This is difficult, suggest that perhaps this should be take place. This is an important part particularly for response officers seen as a ‘bad’ day, with days when of the meeting when the officers because they often don’t have police protect people without making get a chance to mix with the young the time to get involved with local arrests or finding drugs being the people. In one meeting, officers communities. The only answer is to ‘good’ days. chatted with the participants and carry out more engagement work Another issue raised was the told them all about how a stop and like this, both with young people difference between community search should be conducted, and and communities as a whole. officers, who are generally perceived gained understanding of the young I hope this project is rolled out as ‘moving forward’ in their attitudes, people’s families and communities. nationally. Significant change is going and response officers. Officers in the In another, a group of girls spent time to take a long time, but if the findings room supported the comment that trying on police uniforms and looking from this project and others like it a bad interaction with a response at handcuffs and other equipment. start to be included in police training, officer could completely undo all the Some even asked what they would it will be a very positive step in the goodwill a community officer has need to do to become police officers, right direction. generated. They expressed anger which would have been unlikely Paul Mukasa that one of their colleagues, by before the session. Restorative Gloucestershire

Restorative justice and policing information pack 17 Dan’s story

Meeting their victims through restorative justice can be a tough experience for offenders. Dan* was sent to a young offenders’ institute after being convicted for burglary. Here, he talks about the impact restorative justice had on him and how it helped him to turn his life around.

“While I was in prison I took part in a like I used to run away and hide from sit down knowing that they’re going programme called Jets, which is a bit everything else. to walk through that door in a few like restorative justice. They made us minutes time and want to know see how our actions affect everyone “The first meeting came. I remember why you stole from them – that’s around us, and that’s when I first met it was a couple. When they first scary for me. Every time, it kind of Alan, my probation worker. walked in, I literally felt like cracking broke me, but it made me as well. in half and disappearing. I didn’t want I was looking in their eyes and “Alan talked to me about writing to be there. Paul, the restorative thinking I don’t know these people, letters to victims, and possibly going justice facilitator, did the introduction they don’t know me, they’ve never on day release from prison to meet part, and they asked me why I did it, done anything wrong in life, as far as them. I said I’d be happy to write a and if they were a specific target. The I can tell, and I’ve taken their things. letter, but I didn’t want to meet the more the meeting went on, the more A lot of people would have said, victims while I was inside. It would I felt comfortable being there, and I “No, I’m not doing that”, but I tried have looked like I was only doing it to opened up more. to give them the best explanation I get my early release. I spent a month could, and apologise for what writing a letter to my victims. I did “When it was over, I felt on top of I’d done. it about five different times before the world. The main thing they were I felt it was finally good enough to worried about was that they were “I had a lot of friends who supported send off. specifically targeted, and that we me. They were ringing me up the were going to come back for them moment I came out, saying, “Well “I was released after seven months, again because they’d called the done, Dan!” It really put me on top and the first thing I had to do was go police. I felt really good that I’d taken of the world, and made me think, If I to my YOT [Youth Offending Team] a bit of the weight off their shoulders, can do this, what can’t I do? office. Alan mentioned restorative and that I’d done something right. justice to me and I thought it “At the moment, I’m being a full time sounded good. Quite a few victims “I was always scared stiff before dad to my four-month-old daughter. wanted to come forward. every meeting. But then after every She’s been the main turning point meeting, I came out as happy as for me, her and my partner. I want “Nothing prepared me for it. I think anything. I felt like I’d got a chance to do the best I can now. I’d like to the main fear was looking into to explain my situation, and they’d work with kids like me, trying to stop the eyes of people that I’d stolen got a chance to explain their feelings them getting into the life I had. I want from, the people that I’d made feel towards me, which helped me to to get myself involved in as much as unsafe and brought pain to. I even understand how wrong it was. All in possible and do some good things had nightmares over it, I was that all, that was brilliant. for the community, to try and give worried. I wanted to prove to myself something back. I want to make a that I could actually get through “Going to prison, that’s just running difference.” this, and do it. That I wasn’t just away and getting away from it all. going to run away and hide from it But to actually go into a room and * Dan’s name has been changed.

18 Restorative justice and policing information pack Restorative justice and policing information pack 19 Callum’s story

When a child was seriously harmed in a classroom incident, Nottinghamshire Police used restorative justice to meet the needs of the injured boy and his family, and demonstrate to the offender the seriousness of his actions. Here, Callum’s mother and Sergeant Deborah Barton-Moran talk about their experience.

The parent “It felt like an eternity in the hospital and fill in the gaps about what had “That morning, one of the school’s while they tried to work out what happened. Because of his autism, he regular Cover Supervisor Team was was wrong with Callum. He was was completely against having a face taking the class, and things were a unconscious for four days – it was to face meeting with the boy who’d bit unsettled. My son Callum has a very emotional time. He finally hurt him. That was when I came up Asperger’s Syndrome, so he finds woke up on the Sunday evening, and with the idea of showing the boy changes to his routine quite difficult. he had to be re-sedated because the photographs from the hospital. I When one of the other lads came he didn’t know where he was and thought it would have a much bigger up to Callum and tried to take his became frantic. While we were at impact than a slap on the wrist from pen, Callum shrugged him off, and the hospital, the police told us that the police – really make him look at the other lad punched him square he had been hit by another lad. I what he’d done. in the face. Callum got really upset, remember walking out of intensive and started to have a fit. The teacher care, where Callum was, and kicking “Sergeant Debbie Barton-Moran put him in the recovery position, and the wall – I was so angry I was who was facilitating the restorative someone called 999, but by then he shaking. I just wanted the lad who’d justice, showed the photos to the was turning blue. Luckily, the school’s hit Callum to see what he’d done lad, and she told me that he and his site manager had just been on a first with just one punch. We found out mum were both in tears when they aid course, and knew immediately later that Callum has Sudden Death saw them. It was a total shock to that Callum needed CPR. If he hadn’t Syndrome (SDS), so that punch could them to see what state Callum had made that decision, Callum wouldn’t have killed him. been in. The boy wrote a letter to be here today. us – he drafted it four times before “When Callum finally came home he was happy to send it. I thought it “Me and my husband were in and we’d all calmed down, I started was very brave of him to write it, and the car on our way back from the to realise how lucky we were to have it made me feel a lot better. Callum supermarket when we got the call him back. I also started to think about finally went back to school a couple saying that Callum had been in an what had happened – it was just two of months later. It took a while, but accident. We weren’t told much, 14 year olds having a disagreement, he’s settled back in now and he’s but we knew that the police were and one misplaced punch. I didn’t doing well. involved, and my first thought was want Callum to have to go through that Callum had been stabbed. court and re-live that, so when “In cases like this, I think restorative When we arrived at the school, all I restorative justice was mentioned, it justice really works. Just showing remember was screaming ‘Where’s seemed like a good idea. someone what they’ve done has Callum?’ Then we saw him lying on much more impact than being locked a stretcher, but we didn’t know what “While Callum was in intensive care, in a cell or taken to court.” was wrong with him. we took photos and kept a diary so Lynne Massey that he’d be able to look back later

20 Restorative justice and policing information pack The police officer “On the day that Callum returned to “I have a dual role within school arrangements had been made Nottinghamshire Police – youth for me to run a healing circle with the issues and restorative justice youngsters who had been present development. Because Callum was so on the day along with some of the unwell, this case was treated by the teachers I’d already met. Callum police in the same way as a murder came into the session – he didn’t or other really serious offence. I say a lot but was definitely involved was approached by the CID officers in the process and did answer some to see what could be done to meet of the questions asked. We worked the needs of both boys’ families and through how people felt about the demands of the criminal justice what they had seen and how it had system. As I have run many successful affected them. The group decided at restorative approaches over the years the end of the circle that the school it was natural to me that a restorative needed to work on the message ‘Just justice conference would be a good one punch can kill’. When asked how way forward. they felt about what had been said in the circle, they all said they felt it “When I met the young man who had was better now that they had spoken punched Callum and his family they about it. were very supportive of taking part in anything to try to put things right. “The school have started the journey Callum’s family wanted the young to developing restorative approaches, man to understand how dangerous and I recently had the pleasure of just one punch could be. The photos training 16 of the students in peer they asked me to show him were mediation.” very harrowing, and showed Callum Sergeant Deborah Barton-Moran wired up to life support machines. The RJC would like to thank Sergeant Deborah A great deal of sensitive mediation Barton-Moran and the Massey family for sharing took place before we all agreed that their stories with us. the photos could – and should – be shown.

“I also went to the school to meet a team of teachers who had been very affected by the trauma of the incident. This was not a formal healing circle but I managed it in a similar way, giving people at least some opportunity to tell their story. Training in restorative justice

All police officers need to undertake training before using restorative justice in their work. Here, PC Kerrie Cummings of Cheshire Constabulary outlines what that involved and how it has helped her in her role.

I originally received restorative the option to approach the problem to see how they use the restorative justice training around five years using restorative justice. approach post-conviction for more ago. Our neighbourhood inspector Each case has to be assessed serious offences such as robbery, decided to pilot the practice and on its own merit. Any past history, burglary and death by dangerous use it as a common tool for dealing previous criminal convictions, the driving. It was quite a profound thing with low level incidents and severity of the offence and the to see how healing the restorative antisocial behavior. As I was part of wishes of the victim all have to be justice process was for those who the community team at that time, considered before restorative justice were struggling to move on from an restorative justice training was seen can be applied, but over the years I incident, whether they were victims as something that would be useful as have used it on many occasions with or offenders. part of my job description. varying offences. Restorative justice is an incredibly On completing the level 1 training Training was essential, even if only useful tool for the police, and I I immediately realised that to provide the guidelines needed to believe every force should be given restorative justice was an effective, put restorative justice into practice the training and opportunity to use it. practical way of resolving issues alongside force procedure. Level 2 I would encourage officers to that needed police action but didn’t training was useful to encompass attend training which will give them require further work that would end bigger restorative justice solutions the confidence to use restorative up with criminal convictions. that might need conferences or justice within their day to day work However, once I completed the have multiple victims – it offers a wherever they feel it’s appropriate. I level 2 training it brought to light safe learning environment in which have gone on to continue my training just how effective restorative justice to practise and teaches participants to level 4 and will soon be helping can be for dealing with the root what may go wrong when using to deliver level 1 training to my own causes of how and why incidents restorative justice and how to deal colleagues. were happening. Restorative justice with that. PC Kerrie Cummings addresses the more personal issues What I like the most is the Cheshire Police behind conflict and gives victims empowerment restorative justice a voice in the process. It is also an gives to victims – it enables them to For more information on training effective way of promoting multi- meet face to face with the person in restorative justice visit: agency work, which can be very who has harmed them, but with the www.restorativejustice.org.uk/ useful on the occasions when the safety net of an officer present. It training police are not necessarily the best allows victims to ask ‘Why me?’, and placed organisation to deal with a to move forward. particular incident. I have practiced restorative justice I felt that the training gave me the as part of a team of two and used official go ahead to work in a more it in a wide variety of scenarios holistic way as opposed to seeing and offences. Antisocial behavior, an offence only in terms of the criminal damage, theft, low level potential resulting conviction. assault, bullying and neighbourhood Historically I had sometimes found disputes can all be dealt with using that victims did not want to go to restorative justice. I have also been court and welcomed being given fortunate enough to visit prisons

22 Restorative justice and policing information pack Becoming an Accredited Practitioner

Sergeant Deborah Barton-Moran serves with Nottinghamshire Police and is a trained restorative justice facilitator. Here, she explains why she decided to become accredited.

How did you get into restorative What was the direct accreditation Why is it important that practice, and what was your process like? practitioners should become background before you decided to The accreditation process itself accredited? become accredited with the RJC? is straightforward. Of course the It matters to people. How does a I have a long history with restorative work I needed to put in to show I potential employer or individual justice dating back to 1997 and the was meeting National Occupational requiring a facilitator know whether early police pilots around youth Standards required effort – it you can do the job if you have cautions – this was just before the was years since I’d done anything nothing that shows a level of youth offending teams came into similar so it took me some time ability? I want people who access being. The positive effects I saw from to write down my reflections and my service to know I’m capable and the pilots and how the skills and activities on cases I had run. My skilled at what I do. As knowledge different models could be used for a written work was followed up by a and information about restorative range of other things has made me a telephone conversation to clarify justice is becoming more embedded keen advocate for restorative justice my understanding of key points. in the social infrastructure, I’m now ever since. I subsequently became The conversational aspect of my increasingly asked whether I’m a trainer and facilitator and now application was also to test my accredited or qualified. work across agencies for a number working knowledge and I had to think of organisations as well as managing carefully about my practice. I actually What would you say to others REBUILD multi-agency restorative enjoyed the conversation because considering going for accreditation? justice team and working as a Sgt for afterwards I felt I really knew what I Go for it – even with years of Nottinghamshire Police. was talking about. experience in the field it gives you and the work you do credibility. Why did you decide to apply for How did achieving Accredited direct accreditation? Practitioner status make a difference For more information on becoming Times are changing. It is inevitable to your practice? an Accredited Practitioner please that as restorative justice takes hold At first I didn’t think accreditation visit: http://practitioners.rjc.org.uk/ and more people become aware of really mattered – I’d managed for a what it can do and want to access long time without it. I had become restorative justice services it’s vital adept at getting my experience that practitioners in any capacity can across and had received work on demonstrate at least minimum levels that basis. However, the experience of competence. of achieving the accreditation gave me confidence in my own ability as a practitioner and trainer – I knew I was doing OK because I’d now been accredited by other experienced practitioners in the field. Being able to say that I’m accredited by the RJC is well received.

Restorative justice and policing information pack 23 Further reading

To find out more about restorative practice in policing please visit the links below:

For more information on training and To find a trainer in restorative For ACPO guidance on the use of accreditation for police officers: practice: restorative justice: www.restorativejustice.org.uk/ www.restorativejustice.org.uk/ www.restorativejustice.org.uk/ training trainers acpoguidance

Best Practice Guidance for For more case studies demonstrating For ACPO guidance on the use Restorative Practice: restorative justice in action: of restorative justice as part of a www.restorativejustice.org.uk/ www.restorativejustice.org.uk/ community resolution: best_practice_2011 rj-in-action tinyurl.com/community-resolution

© Restorative Justice Council 2014 T: 020 7831 5700 E: [email protected] www.rjc.org.uk Company no 4199237 Charity no 1097969

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