Introduction
Origins This Guidance is largely derived from a document that was developed by a Home Office advisory group comprising experts and practitioners from across the restorative justice sector and criminal justice agencies 1, and has been adapted for use in the Scottish context.
Objective All those who participate in restorative justice deserve to have access to the highest quality of service available. The aim of this document is to enable and encourage practitioners and organisations in Scotland to provide this kind of service by establishing nationally recognised standards of best practice.
Applications This Guidance does not recommend or entail any policy regarding the introduction or expansion of restorative justice in Scotland. It has been produced primarily for the following uses - all of which, working together, will ensure that the standards are actually implemented:
- Participants: to have access to a detailed explanation of the kind of service they should expect from restorative justice practitioners;
- Practitioners: to reflect on how they can sustain or improve the quality of their work;
- Line managers and case supervisors: to reflect on how they can better support and monitor best practice;
- Organisations delivering restorative justice: to monitor and assess the quality of their service-provision;
- Funders: to establish criteria by which existing services or proposals to implement new services are evaluated;
- Trainers: to develop courses and procedures manuals;
- Institutions providing awards or qualifications: to design curricula content and structure;
- Researchers: to design monitoring and evaluation tools.
Context The primary aim of restorative justice is to address or repair the harm caused by an incident or offence. The processes used to achieve this objective can intersect with formal systems or institutions in a number of ways. But it is worth remembering that restorative justice processes can arise naturally and (more or less) spontaneously, without the need for third-party intervention. Expressions of remorse, making amends, healing and reconciliation happen all the time: relationships, families, organisations and society would quickly break down if this were not the case.
There are cases, however, where the incident or offence is so serious or complex that it comes to the attention of someone in authority: for example, a parent, teacher, supervisor, manager, police officer, children's reporter, procurator fiscal, sheriff, and so on.
The restorative justice ideal is that, whatever else needs to happen, the authority in question gives consideration to what can be done to address or repair the harm that has been caused.
This ideal leaves it open as to (a) when restorative justice is done, (b) what kind of restorative justice process is used, (c) whether those involved decide to participate, or (d) what needs to happen in addition to restorative justice.
The application of restorative justice is, in this sense, highly flexible. For this reason, this Guidance is designed so that it should, for the most part, apply in almost any context, including families, schools, anti-social behaviour, youth justice, residential schools and secure care, criminal justice, prisons, workplaces, and so on.
Summary The Guidance is prefaced by explaining the 'technical' terms that will be used in the document. These definitions are widely accepted by practitioners and service-providers across Scotland ( Use of Terms).
The first section of the Guidance begins by describing how practitioners can demonstrate that they have the general knowledge and skills needed to facilitate a restorative justiceprocess effectively ( Section 1. A-B)
It then presents the more specific knowledge and skills needed at each stage of a restorative justiceprocess, including assessment, preparation, facilitating communication (if any), monitoring and follow-up ( Section 1. C-D).
The second section sets out what is required to facilitate more serious or complex cases: for example, where someone is particularly vulnerable, at risk of causing further harm, or where the case involved severe violence. ( Section 2.).
In the final section, the Guidance describes the knowledge and skills required to case supervise and line manage restorative justice processes effectively. ( Section 3.)