Restorative justice: policy and practice framework

22. Process

22.1 RJ can occur in both a direct and/or indirect process of contact between a person harmed, a person who caused harm, their supporters and the community. There may also be the option to take part in other restorative approaches, such as RJ in secondary harm (‘harm after harm’) and/or restorative circles.

22.2 In all RJ processes (set out 22.3 - 22.7), the needs of all parties to RJ must be paramount. This includes the provision of a safe space for the process to occur, ensuring all parties have a full understanding of what to expect from the process, and the provision of a trained RJ facilitator to ensure desired outcomes from the process can be achieved in a safe and meaningful way for all parties to the harm.

22.3 Conference - Forms of Restorative Justice and Restorative Approaches

• An RJ conference is a planned face-to-face meeting between a person who has been harmed, a person who has caused harm and their supporters. Where appropriate, other stakeholders and representatives may also attend, including police and/or community members.
• This occurs in a safe space and is supported by trained facilitators and any other support services identified through an assessment of risk, strengths and needs.
• The outcome of the conference is agreed by all parties and provides an opportunity to talk about the harm caused, its impact and to address unresolved questions.

22.4 Letter Writing - Forms of Restorative Justice and Restorative Approaches

• A person who has been harmed and/or a person who has caused harm can communicate by letter. Letters can address the harm caused, its impact and either ask or respond to unresolved questions.
• Letter writing should be supported by trained facilitators and any other support services identified through an assessment of risk, strengths, the mitigation of risk and needs.
• There is no obligation on either party to the harm to read a letter and/or respond to this. Either party may also wish to write a letter to their community and/or other individuals impacted by the harm caused.

22.5 Video/Telephone Communication - Forms of Restorative Justice and Restorative Approaches

• A person who has been harmed and/or a person who has caused harm may wish to communicate by video or telephone. Parties to the harm can record and/or prepare statements on the harm caused, its impact and either ask or respond to unresolved questions.
• Video and telephone communication should be supported by trained facilitators and any other support services identified through an assessment of risk, strengths and needs. Where required, the necessary equipment to facilitate this should be provided.
• There is no obligation on either party to the harm to take part in a telephone communication, or to respond to video communication. Either party may also wish to record a video message for community members and/or other individuals impacted by the harm caused.

22.6 Secondary Harm/’Harm after Harm’ - Forms of Restorative Justice and Restorative Approaches

• Whether directly or indirectly, systems and processes associated with the criminal and civil justice systems can cause further harm to people who have been harmed, people who cause harm and their supporters.
• A restorative approach to this, using either direct or in-direct methods, or restorative circles can be used to explore secondary harm in a way which aids recovery, improves feelings of satisfaction with criminal and civil justice processes, and aids learning in the system towards a more person-centred and trauma-informed approach. This could mean the use of representatives of those service(s) rather than an actual person who works for the relevant service(s) or the person from the service that was responsible for the harm. This needs to take account of existing feedback and complaints/grievance processes.
• RJ in secondary harm should be supported by trained facilitators and any other service(s) identified through an assessment of risk, strengths and needs.

22.7 Restorative Circles - Forms of Restorative Justice and Restorative Approaches

• Restorative circles are used to respond to dispute and conflict, and to repair all types of harm in communities. People sitting within the circle are invited to share their perspectives, thoughts and feelings on the harm caused and its impact. Circles seek to develop new understanding and offer the potential for resolution and shared, supported recovery from harm. In a circle, the facilitator is part of the process rather than a neutral party.
• Circles should be supported by trained facilitators and any other services identified through an assessment of risk, strengths and needs.