Restorative justice: policy and practice framework

24. Restorative Justice Outcomes and Agreements

24.1 RJ facilitators should ensure that the commitments made by the person who has caused harm are supported, monitored and reviewed and that the completion or non-completion is reported to the person who experienced that harm caused.

24.2 The primary focus of any RJ process is to achieve forward-looking, restorative outcomes. Any outcomes from the RJ process should be proportionate to the harm caused and reflective of the impact voiced by the person who experienced that harm and their needs from the process. RJ facilitators should document all parties’ free and informed consent to the RJ outcomes. No party to an RJ process should be coerced into accepting these outcomes. Where it is unlikely the desired outcome for the person harmed will be achieved, it is important that they are informed of this fully, and thereafter able to make an informed choice about whether to proceed in RJ and in what manner if so.

24.3 The outcomes of any RJ process have no bearing or impact on criminal justice or Children’s Hearings proceedings in Scotland. Where RJ is offered and can be completed in parallel to a referral to the local authority as a diversion from prosecution, all parties must consent to the sharing of RJ outcomes with the local authority for this to be included within the diversion from prosecution completion report, submitted to COPFS. There is no obligation on any party to do this and the RJ facilitator, in partnership with Justice Social Work and COPFS should ensure both parties are fully informed of the consequences of doing so.

24.4 Examples of potential outcomes which may be sought and/or achieved through RJ are as follows:

• An apology or demonstration of remorse by the person who caused harm
• Responses to questions asked by the person who experienced harm
• The opportunity to communicate the full impact of harm and to hold another accountable for this
• Restoration of items damaged or stolen because of the harm caused
• Financial compensation
• Improved satisfaction with the criminal justice system
• Something created for the victim, for example an art project
• An agreement to no further retaliation or incidences

24.5 This is not an exhaustive list, and all outcomes should be driven and agreed by those involved in the RJ process.

24.6 Any outcome agreement formed as part of the RJ process should be monitored by the facilitator and/or the RJ provider. Both positive and negative progress against this should be communicated to the person harmed in an appropriate and trauma-informed manner, ensuring the necessary support is in place to understand and process this.