Restorative justice: policy and practice framework

5. Who is restorative justice for?

5.1 RJ in Scotland is open to anyone who is fully informed about the process and available options, and who feels ready to explore it. RJ should not be undertaken when a person who has caused harm does not accept any responsibility for that harm. There is no specific minimum age for RJ participation. Access should not be restricted solely based on age. Decisions about involving younger children must be based on their age, maturity, any views expressed by them and their best interests. The wellbeing of the child is the paramount consideration throughout the process.

5.2 Those involved in facilitating and supporting children’s involvement in RJ should have the specific skills and knowledge to work in a child-centred way, irrespective of the route that the child has been referred into an RJ service. This applies equally when the child has caused the harm or has experienced the harm.

5.3 Restorative practices may be utilised with children to address the harm caused. Furthermore, within education, restorative practices are routinely used to support positive relationships and behaviours. More information can be accessed via Education Scotland[iii].

5,4 All cases referred for RJ should be assessed by trained and experienced facilitators to determine their overall suitability. These facilitators should then decide on the most appropriate RJ approach or method to use for each case. Facilitators should utilise evidence-led and tested risk and strength approaches and screening methods, including the use of dedicated risk assessment tools already available in certain harm types, for example, in cases of gender-based violence.