Restorative Connections: Developing a roadmap across the island of Ireland Working with Victims of Crime within a Restorative Justice context Dundalk – November 2013

Restorative Connections: Developing a roadmap across the island of Ireland Welcome and Introductions House- keeping Presentation – Restorative Justice Services / Peter Keeley Presentation – Probation Service Northern Ireland / Linda Lamb Q and A / Discussion Identifying 1 Action to propose to main conference Close

RESTORATIVE JUSTICE SERVICES Working with Victims of Crime within a Restorative Justice context Dundalk – November 2013

OVERVIEW OF PRESENTATION Background & Overview of Restorative Justice Services Principles, Guidelines and Contexts Overview of RJ Programmes Overview of RJ Programmes Working With Victims of Crime within a Restorative Process

BACKGROUND AND OVERVIEW Originally established in 2000 by partnership of stakeholders Originally established in 2000 by partnership of stakeholders - Probation - Victim Support - An Garda Siochana - Community Providing court referred ‘pre sentence’ programmes Providing court referred ‘pre sentence’ programmes - Higher Tariff Offender Reparation Programme - Victim / Offender Mediation Pre 2O11 Pre 2O11 - Mainly Low Tariff Offences / Offenders - Majority of cases referred by Tallaght District Court Post 2011 Post Higher Tariff Offences / Offenders - Majority of cases referred via Courts of Criminal Justice complex and a range of Circuit and District Courts across Dublin / Wicklow / Kildare - (also inc. referrals from Meath, Wexford and Cork)

OVERVIEW OF VICTIM / OFFENDER MEDIATION OVERVIEW OF VICTIM / OFFENDER MEDIATION Court referred at ‘pre sanction’ … Court referred at ‘pre sanction’ … Offender must plead guilty or have been found guilty and is accepting the finding and the responsibility … Offender must plead guilty or have been found guilty and is accepting the finding and the responsibility … Victim and offender contacted separately … explore what might be achieved through a dialogue … Victim and offender contacted separately … explore what might be achieved through a dialogue … Further separate contacts and meetings take place … nothing is shared without permission … Further separate contacts and meetings take place … nothing is shared without permission … Options in terms of ‘dialogue’ explored … there is no obligation for people to meet … Options in terms of ‘dialogue’ explored … there is no obligation for people to meet … A report is provided to the Court on what took place and the Court makes its decision on sanction … A report is provided to the Court on what took place and the Court makes its decision on sanction …

OVERVIEW OF OFFENDER REPARATION Court referred at ‘pre sanction’ … Court referred at ‘pre sanction’ … Offender must plead guilty or have been found guilty and is accepting the finding and the responsibility … Offender must plead guilty or have been found guilty and is accepting the finding and the responsibility … Judge provides option of disposal... or referral to ORP … Judge provides option of disposal... or referral to ORP … Offender attends meetings with the assigned RJS Case Worker … and offender meets with Reparation Panel … Offender attends meetings with the assigned RJS Case Worker … and offender meets with Reparation Panel … 1 st Panel Meeting they discuss offence, its effects and implications. The Reparation Panel and offender agree a contract, which will include certain actions … 1 st Panel Meeting they discuss offence, its effects and implications. The Reparation Panel and offender agree a contract, which will include certain actions … 2 nd Panel Meeting, offender presents completed work to Reparation Panel to review … 2 nd Panel Meeting, offender presents completed work to Reparation Panel to review … Report / Contract submitted to the Court … Judge decides on sanction Report / Contract submitted to the Court … Judge decides on sanction

GUIDING PRINCIPLES Crime hurts victims and their families Crime hurts victims and their families Crime effects the offender – their families and the wider community Crime effects the offender – their families and the wider community The victims voice should be heard The victims voice should be heard Offender given opportunity to take responsibility, reflect upon the consequence of their actions and go some way to repairing the harm caused and addressing the concerns of the victim Offender given opportunity to take responsibility, reflect upon the consequence of their actions and go some way to repairing the harm caused and addressing the concerns of the victim

Some More Formal Guidelines and Contexts European Parliament / Council 2012 Directive /29/EU - establishing minimum standards on the rights, support and protection of victims of crime European Parliament / Council 2012 Directive /29/EU - establishing minimum standards on the rights, support and protection of victims of crime The Victims Charter and Guide to the Criminal Justice System (Department of Justice 2010 ) The Victims Charter and Guide to the Criminal Justice System (Department of Justice 2010 ) Basic Principles on the use of Restorative Justice Programmes in Criminal Matters, developed by an Expert Group, United Nations Economic and Social Council (2002) Basic Principles on the use of Restorative Justice Programmes in Criminal Matters, developed by an Expert Group, United Nations Economic and Social Council (2002) Handbook on Restorative Justice Programmes / United Nations Office of Drugs and Crime’s Criminal Justice Reform Unit Handbook on Restorative Justice Programmes / United Nations Office of Drugs and Crime’s Criminal Justice Reform Unit Vienna Declaration on Crime and Justice: Meeting the Challenges of the Twenty First Century (2000) which encourages the development of restorative justice programmes … … … that are respectful of the rights, needs, and interests of victims, offenders, communities and all other parties Vienna Declaration on Crime and Justice: Meeting the Challenges of the Twenty First Century (2000) which encourages the development of restorative justice programmes … … … that are respectful of the rights, needs, and interests of victims, offenders, communities and all other parties

Our role in working with victims listen to their story listen to their story to provide information on what has happened in court to provide information on what has happened in court to provide information on the restorative process to provide information on the restorative process to ensure their safety and well being within the context of the process (re-victimisation) to ensure their safety and well being within the context of the process (re-victimisation) to ensure that they have all the information they need to make a decision on participation to ensure that they have all the information they need to make a decision on participation to ensure they have realistic & achievable expectations to ensure they have realistic & achievable expectations

Working with Victims of Crime within a Restorative Justice context What we don’t do … sympathise with them counsel them advise them take their side

VICTIMS - REASONS GIVEN FOR PARTICIPATING Opportunity to tell their story and be heard Opportunity to tell their story and be heard A safe place to vent their frustration and anger towards the offender with regard to the offence and its effects A safe place to vent their frustration and anger towards the offender with regard to the offence and its effects To seek apology and / or reparation from offender To seek apology and / or reparation from offender Seek more information about the offence and / or offender. Ask specific questions and issues of concern related to the offence and the offender Seek more information about the offence and / or offender. Ask specific questions and issues of concern related to the offence and the offender An opportunity to participate in CJS a meaningful way within a safe, non threatening, voluntary process An opportunity to participate in CJS a meaningful way within a safe, non threatening, voluntary process

Just a few questions victims might ask … !! What is restorative justice … … … What happened in court Why would the Judge do this … … …Will he get off if I do this Will it go worse for him if I don’t … … … What’s in it for me What do you think I should do … … … What do the guards think Do I have to meet him … Tell me about the offender Will the judge be annoyed if I don’t do this... Will the offender be angry if I don’t do this … What are you going to tell him about me …Do I have to meet What are you going to tell him about me …Do I have to meet Do I have to accept an apology … How do I know he’s sorry Can I ask my family what I should do … Can I ask my family what I should do … Can I bring someone for moral support … Can I say what I really want to say... Do I have to do this … … …