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OECS JUVENILE JUSTICE REFORM PROJECT/ JUDICIAL EDUCATION INSTITUTE (JEI) OF THE EASTERN CARIBBEAN SUPREME COURT

MAGISTRATES CONFERENCE TRAINING WORKSHOP FOR THE CARIBBEAN

LOOKING TOWARDS A NEW DAWN: DIVERSION IN JUVENILE JUSTICE

26-28 August, 2013

The Verandah Resort & Spa AntiguaIndian Town Road, Long Bay, Antigua and Barbuda

Session 5 : Restorative JusticeFacilitator: Hazel Thompson-Ahye LLM Merit Family Law

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RESTORATIVE JUSTICE

RESTORATIVE JUSTICE – not mediationOriginated as mediation or reconciliation between victims and

offender –victim/offender reconciliation/mediation.Retributive justice: How do we punish this offender? Restorative justice: How do we restore the well- being of the victim, the community and the offender?Restorative justice-• roots in practices in ancient cultures before colonization;• addresses victims harms and needs, holds offenders accountable to

put right the harm they have caused;• uses reintegrative shaming – for peace and healing.• 1974 Canadian probation officer brought 2 young offenders

together with victims in victim/offender reconciliation meeting -agreed to restitution for vandalism. Encouraged by success, programme expanded.

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RESTORATIVE JUSTICE• Restorative conference: Definition• A structured meeting facilitated by a trained facilitator

involving the offender, victim and their communities of care ,i.e. their supporters.

Participants sit in circle and facilitator uses order of speakers defined in conference script- offender, victim, victim supporter, offender supporter- to ask each person a set of restorative questions.Facilitator then conducts discussion on what victim needs and how those needs might be met.

1991-Australian police officer, Terry O’Connell, adapted FGC to divert young people from court.

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RESTORATIVE JUSTICE

Uses of restorative conference• Repair harm to the victim and community caused

by wrongdoing;• Relieve the burden on courts when employed as a

diversion from the criminal and juvenile justice systems;

• Can be used pre-arrest, after arrest, pre-sentence and post-sentence;

• Eliminate bullying and other school misbehaviour ;• Reduce recidivism.

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RESTORATIVE JUSTICEUses of restorative conference: By whom?Police – as warning or diversion from courtCourts- diversion- alternative sentence process or healing event after court processProbation officer- as response to probation violationsCorrectional /treatment facilities-resolve underlying issues in conflict/disciplinary mattersColleges/universiites-residence halls incidents, disciplinary violationsWorkplace- address wrongdoing and conflict

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Restorative questions

• Offender: What happened?• What were you thinking of at the time?• What have you thought about since the incident?• Who has been affected by what you have done ? In what

way?• What do you think you need to do to make things right?• Victim: What did you think when you realized what had

happened?• What impact has this incident had on you and others?• What has been the hardest thing for you?• What do you think needs to happen to make things

right?