The development of Victim- Offender Mediation in Sweden Maritha Jacobsson

Legal system Retributive Justice Restorative Justice Datum Department of Social Work 2

1997: First mediation acitivities 1998: Experiment activities –National Council for Crime Prevention (Brå) 1998: Evaluation –Commission on Mediation 2000: Recommendations for legislation 2002: Mediation Act 2003: Development of mediation activities 2008: Compulsory for all municipalities to offer mediation to young offenders (Social Service Act) Datum Department of Social Work 3

Social Service Act (2008) It is compulsory for all municipalities in Sweden to offer Victim-Offender mediation to young offenders below the age of 21 Datum Department of Social Welfare 4

Mediation Act (Medlingslagen 2002:445) Mediation organized by the state or municipalities The perpetrator of an offence should get increased insight concerning the consequences of the crime, and thereby reduce the liklihood of relapse into crime The victim should have the possibility to work through the feelings aroused by the offence The mediator should be impartial Mediation should be voluntary for both participants Datum Department of Social Work 5

Mediation Act (Medlingslagen 2002:445) The perpetrator should be over the age of 12 The perpetrator should have accepted responsibility for the main elements of their offence The meeting should conclude with some form of agreement between the participants Datum Department of Social Work 6

Young Offenders Act (LuL 1964:167) Proscecutors should/can consider whether mediation has taken place or not when proscecuting a young offender The police should report to the social service when there is an offender below the age of 18 who is suspected for crime Datum Department of Social Work 7

Stages in the mediation process Report to the police Ask the offender about interest for mediation The mediation activity is informed Proposal to the offender Proposal to the victim Pre-meetings Mediation Agreement Datum Department of Social Work 8

Mediation in Sweden municipalities could offer mediation 159 mediation activities Mostly official workers (and laymen) (Brå 2007) Datum Department of Social Work 9

Type of crime Shoplifting 30% Assault 18% Criminal damage, graffiti 16% Stealing 12% Threats and harassment 9% (Brå 2007) Datum Department of Social Work 10

Essence and consequences Victim-offender mediation in Sweden Maritha Jacobsson & Lottie Wahlin Financed by: The Crime Victim Compensation and Support Authority Datum Department of social Work 11