Restorative justice: policy and practice framework

12. Principles of restorative justice

12.1 In consultation with people harmed, people who cause harm and professionals working across criminal and community justice, the restorative justice principles provided within the Delivery of Restorative Justice in Scotland: Guidance (2017)[ix] have been considered against the trauma-informed principles provided by the Scottish Government Trauma-Informed Practice: Toolkit (2021)[x]. This ‘fusion’ has generated a core set of five principles for RJ in Scotland (as shown in diagram 12.1.1)

Diagram 1.5.1 describes the interconnection between trauma informed principles and restorative justice principles.

The trauma informed principles of choice, safety, empowerment, collaboration and trustworthiness work alongside the Restorative Justice principles of voluntary informed consent, honest and appropriate, accessible/empowering, readiness /collaboration and looking to the future as well as the past in the following ways.

• Choice
• Safe
• Individual
• Participation
• Together

12.2 RJ must be trauma informed and responsive. For this to be achieved, everyone involved in the RJ process (RJ services, facilitators, support services and supporters) must evaluate delivery against these principles before, during and after RJ. This is in addition to quantitative and qualitative measures set out within Section 26, and can be used to inform whether the RJ service is meeting the aims set out within Trauma Informed Justice: A Knowledge and Skills Framework For Working With Victims And Witnesses.[xi]

12.3 Choice - What Does This Look and Feel Like?

• I have a choice in whether I want to participate in RJ or not
• I know that my carer might also need to give their consent
• I have all the information I need to make an informed choice.
• I can withdraw from an RJ process at any time
• I have a choice in what information is shared between services about me and my family for the purposes of RJ
• I can revisit my choices before, during and after RJ
• I have a choice in the type of RJ I experience, who is involved in that and when
• I can choose the next steps in an RJ process for myself
• I have a say in the gender/ age/ ethnicity of my facilitator(s)
• I can choose the support I would like from trusted adults in my life
• I understand that in the case of a non-reported incident of harm, a referral to the police could still be made at any time

12.4 Safe – What does this look and feel like?

• I have trust and confidence in the RJ service, the facilitator and the services providing me with support
• I know the RJ process will only go ahead if a safe, realistic and agreed outcome is achievable from it
• I know who to contact if I need help and advice
• I feel physically and emotionally comfortable in the spaces where any RJ process will take place
• I will have access to relationships that make me feel safe
• I know everyone involved in the RJ process understands the tactics of coercive control

12.5 Individual – What does this look and feel like?

• I am at the centre of my RJ process in a way that I feel comfortable
• I know there is no hurry for an RJ process, and time is being taken by the facilitator and services to learn who I am first
• I feel heard, understood and that my needs are responded to by everyone involved in the RJ process
• I know the facilitator in my RJ process understands what could trigger me and what my words and body language mean
• I feel ‘seen’ in the RJ process and my voice matters
• I can bring support with me to facilitated contact

12.6 Participation – What does this look and feel like?

• I am in control of the RJ process and there are strategies in place for me and as part of the process should things change
• I know other services respect my choices and can provide information, advice and guidance
• I have been provided with information and guidance on the RJ process in a format I have agreed and can easily understand
• I feel the RJ process is progressing in line with my own needs and readiness to take part
• I have been to the space where my RJ process will take place, and I understand how to enter and exit easily

12.7 Together – What does this look and feel like?

• I feel the RJ service is invested in my wellbeing and the achievement of my outcomes throughout the process
• I know that the RJ service is working with other professionals to put mine and my family’s needs first
• I know that I can have contact with others who have experienced RJ if I wish to do so at any stage of the process
• I can bring supporters into my RJ process, whether those are family, friends, professionals or community members
• I feel I can access impartial, non-judgemental support from the RJ service who will listen and respond
• I know the RJ service is committed to ensuring the process is accessible to me
• I am part of all discussions about my RJ process, and I understand all the information shared between professionals