Restorative justice: policy and practice framework

6. Restorative justice and gender-based violence

6.1 In cases defined as ‘gender-based violence’ by Public Health Scotland[iv], referrals for RJ will only be accepted from persons harmed and not persons who have caused harm. In all cases, extensive investigation must be undertaken by the RJ service provider to ensure that the person who has caused harm is not considered to pose an ongoing risk to the person harmed, or to any other person involved in the RJ process or harm experienced. This will require partnership working with criminal and community justice stakeholders, specially trained and experienced facilitators, expert services in gender-based violence, and utilisation of appropriate risk, strength and mitigation approaches. This aims to identify any possibility of RJ being used to further abuse or re-traumatise the person harmed. If this is identified, any direct form of RJ cannot proceed, and all parties should be advised of this while offering any necessary, ongoing support.

6.2 Any RJ approach in such cases must also fully consider the needs of children that could be impacted by harm and consider how their needs are met and their own safety promoted during, and after, any intervention.

6.3 Facilitators and anyone else working within an RJ case must recognise, and act, where there is a clear risk to a participant’s physical or mental safety. This may mean a process cannot begin or is safely stopped in collaboration with expert services who can provide continued support where required. It is important that the needs and desired outcomes of the person harmed are heard, respected and upheld wherever possible.