Restorative justice: policy and practice framework
Guidance on the practice of restorative justice (RJ) in Scotland in relation to adults and children. It sets out minimum standards and expectations against which RJ practice can be benchmarked, monitored and evaluated to ensure consistent delivery in line with RJ principles.
2. Language and definitions
‘RJ services need to find the language of compassion…’
Community Justice Scotland World Café participant
2.1 People affected by crime and related harms describe feeling like a ‘victim’, a ‘survivor’ or neither of those things, at different points of their justice and recovery journeys, and interchangeably. This can be influenced by their experience of involvement in any formal processes, and/or the organisations they are engaging with. It is crucial that organisations and services working with those affected by crime and related harms respect their right to a choice in how they are referred to and described and offered that choice on an ongoing basis.
2.2 Similarly, people who cause harm can often feel stigmatised by language used to identify them and feel unable to move on from crime and related harm caused because of this. Where recovery and meaningful change are desired outcomes, organisations and services working with those who have caused harm should also respect their right to a choice in how they are referred to and described, wherever possible.
2.3 For the purposes of this document the terms ‘person harmed’ and ‘person who caused harm’ will be used to refer to those who may engage in a process of RJ. It is recognised that harm may be ongoing and enduring, and that the nature of harm caused may be severe in nature.
2.4 In line with the United Nations Convention on the Rights of the Child (UNCRC) and the Children and Young People (Scotland) Act 2014, for the purposes of this guide, ‘child’ refers to all children under 18.
2.5 Each individual or group of individuals are referred to as ‘parties’ to RJ throughout. The following provides a list of those who may constitute a ‘party’ to an RJ process:
- A person harmed
- A person who has caused harm
- A community who has experienced or caused harm
- Representatives of an organisation, business, service or institution who have experienced or caused harm
- ‘Supporters’ of any party in RJ - these may include community members, family, guardians, carers and/or service representatives
2.6 Further definitions of RJ processes and procedures are included throughout this document.
Contact
Email: restorative.justice@gov.scot