1. RESTORATIVE JUSTICE WITH YOUNG PEOPLE WHO APPEAR RESISTANT TO CHANGE
1 October 2015
Yvonne Adair
(Youth Justice Agency NI)

2. WORK RESTORATIVELY;
SUPPORT DESISTANCE;
MOTIVATE TO CHANGE; and
BUILD ON STRENGTHS

3. Building Integrative and Effective Youth Justice
If what you are doing is not working -
doing it more loudly and for longer -
is not the solution.

4. Restorative Justice
The potential of restorative justice to provide a solution to deliver justice even in relation to the most serious / harmful behaviour.
Do not want to see restorative justice as some kind of alternative or adjunct to the criminal justice system, want to see restorative justice and restorative principles embedded in the criminal justice system as a whole and operating in every part of the system.
Criminal Justice Review Group - Restorative Justice to be fully integrated into the youth criminal justice system. The relevant legislation was commenced in December 2003.
Need professional and creditable relationship with the judiciary, through constant debate and discussion. Restorative Justice transcends its experimental and scientific phase on the basis of good evidence.
In keeping with the voluntarism of restorative justice, the young person cannot be coerced into agreeing to the youth conference process. However…

5. Restorative Justice some challenges
Robust prep – relationship between Youth Conference Coordinator and participants (both YP and victim) which enables building rapport and trust in the process.
Range of options to enable and facilitate victims to participate.
Reparation is restorative. Research has illustrated that YPs are more likely to complete reparation if victim driven and meaningful.
Perception of repeat Conferences - argued that it does not work or that it is not working for that particular individual. Restorative Justice is as much aimed at the victims, not only the perpetrators. Plus…
Lack of consensus in the Youth Conference
Responsibility – acceptance.
Capability – trauma, attachment, emotional instability, learning needs.

6. When Restorative Justice works
‘shame’ – positive ‘good core self’
most memorable – face-to-face with victim
treated with respect/as a whole person
resolution and eradicating initial feelings of shame
‘shame management’ often results in reparative work completion

7. Honesty Efforts to be fair Politeness Respect
Neutrality
Lack of bias
Honesty Efforts to be fair Politeness Respect
more likely to achieve deterrence – even if do not like sanction
not stigmatising = repair/enhance family bonds

8. When Restorative Justice flounders:
Promotes labelling and provokes defiance.
Difficulties in communicating thoughts and feelings leads to sense of frustration in YP.
Lecturing and berating, inappropriate use of authority.
Harangued/harassed leads to sense of defiance.
Expected to accept blame and responsibility (even when event had shared blame)
resentment and anger.
Police involvement where lack of effective preparation.
YC routine and impersonal irrelevant/pointless/tokenistic.
Inflexibility/lack of creativity.

9. Deterrence fails due to:
labelling theory
re-integrative shaming (stigmatism)
defiance theory (Sherman, 1993)
YP poorly bonded to:
Family
State
Criminal Justice System
Have been brutalised and disrespected = perceives sanction as unfair
defiance

10. Desistance
Focus on strong and meaningful relationships – treated fairly.
individual worker – seen as committed, fair and encouraging
relationship seen as active and participatory.
Give strong optimistic messages and avoid labelling.
Focus on strengths not just risks:
identifying and building personal strengths;
bias on risks demotivating
low expectations can create self-fulfilling prophecies
high expectation = ‘Pygmalion effect’.
Make practical assistance the priority (as well as psychological support).
Work with parents – crucial relationship
Work with and support communities
Without community reintegration, the only place the offender can find a warm welcome and social acceptance will be within the criminal community.

11. ‘Hard core’ needs multi-agency/multi-faceted approach
Robust, holistic, multiagency
ONE Action Plan
Person centred relationships
Traditional does not work: have to do the extraordinary
Programme only as good as the worker who delivers it – make it fun!
1/3 of males offend once
7% offend persistently

12. Recommendations
Early and thorough identification and assessment of issues/difficulties:
to ensure the restorative process is tailored to meet with YP’s level
of competence/listenability/articulation/emotional capacity.
Appropriate pre-Conference coaching with participants about the predictable interpersonal dynamics
to prevent a vicious circle of mutual misunderstanding between victim
and offender.
to minimise the desire of some participants to force YP (into a corner) to accept full
and unmitigated blame for the offence, without recourse to explanations including
extenuating circumstances.
Consideration of a longer term approach to accepting responsibility and excuse making
may be more effectively addressed and dealt with over the course of the restorative plan, rather than during the restorative Conference itself.
The strong memories of the restorative process needs to be followed up with a more dynamic package and final review resume an identity as a non-offender

13. “Kids have to think that you care, before they care what you think”