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.
21. Preparation
21.1 In addition to an assessment of risks, strengths and the mitigation of risks with all parties to RJ, a facilitator must complete a number of meetings with all parties to RJ, organise the RJ process, and collaborate with partners throughout. All parties to RJ and their supporters must be fully informed of progress, included in decision making, and feel suitably prepared for an RJ process identified as safe and proportionate to the harm experienced.
21.2 An RJ process is likely to be new to those exploring this, and so the number of preparation meetings necessary with any party to RJ should be determined by the needs of the individuals involved, the type of harm experienced and the nature and stage of any criminal or civil case within the justice system. RJ facilitators should feel able to be creative and to tailor their practice to the local context in which they are working.
21.3 RJ facilitators must work with all parties to RJ to first identify all the barriers a person may face which could get in the way of their participation, over and above those covered by any risks and strengths assessment. These may include, but are not restricted to, the following:
- Prevalence of trauma
- Mental health needs
- Speech, language and communication needs
- Voluntary nature
- English as a second language
- Person characteristics and experience of facilitator
- Cultural needs
- Multi-partiality of facilitator
- Impact of poverty
- Caring responsibilities
21.4 On identification of any barriers as described, the RJ facilitator should work with the individual and any, relevant local support providers to address these. The choices, safety, needs and desired outcomes of the individual are paramount.
21.5 All parties to RJ should also be prepared for the space in which any RJ process is to take place. A facilitator must consider the needs of all parties within the space, for example its accessibility, seating arrangements, entry and exit points and whether refreshments are to be provided. It might be helpful for all parties to visit the space agreed in advance, as often as they need to.
21.6 It may not always be possible to prepare all parties to RJ for the outcome of an RJ process. However, an RJ facilitator should attempt to do so as much as possible by appropriately managing each stage and being in continued discussion with all parties to RJ. An RJ facilitator should understand the needs of all parties to RJ, their desired outcomes, the questions they have and how these are likely to be responded to, within reason. Within preparation meetings, the RJ facilitator should discuss the anticipated responses with all parties to check these are in line with their desired outcomes from the process. Where this is not the case, or desired outcomes and/or responses change, the process should be amended or discontinued as all parties to RJ require.
Contact
Email: restorative.justice@gov.scot