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Definitions

 

Restorative Processes in Scotland

 

A restorative justice process is where all those involved participate actively in addressing or repairing the harm that was caused, with the help of one or two trained facilitators.

 

Each process aims to enable the participants to explore, in a safe and structured way:

 

1 Facts

What happened and why

2 Consequences

How people were affected

3 Future

What needs to happen in order to repair or address the harm caused and prevent it from happening again

 

There are a variety of restorative justice processes available (see below). Each process is designed to take account of the specific needs, wishes and circumstances of participants.

The following are processes involving some form of communication between the person responsible for causing the harm and the person harmed. To ensure the safety and effectiveness of the process, the facilitator prepares all participants prior to any communication:

  • Restorative Justice Conferences - normally led by two facilitators and attended by the person(s) harmed, the person(s) responsible, their respective support persons and other affected persons.
  • Face-to Face Meetings - can be led by either one or two facilitators and are attended by only the person(s) harmed and the person(s) responsible.
  • Shuttle Dialogue - involves a facilitator acting as a go-between for the person(s) harmed and the person(s) responsible.
  • Police Restorative Warnings - involve the person responsible and their support persons meeting with a trained police officer for a 20-30 minute meeting. The person harmed, if they wish, can be informed of the outcome and receive a letter of apology and/or reparation.
  • Restorative Family Group Conferences - are attended by the person responsible, members of their family, support persons, and professionals (e.g. social work, education, youth justice workers, etc). The views of the person(s) harmed are represented at the Conference; and, if they wish, they can be informed of relevant aspects of the final outcome and receive a letter of apology and/or reparation.
  • Restorative Justice Circles - used to address the harm caused by two or more persons to an establishment, group or community, rather than to an identifiable person (e.g. vandalism).

The following are processes involving no communication between the person responsible and the person harmed. In a restorative justice context, these processes are used if (and only if) either person does not wish to participate in a restorative justice process, is unsuitable, or cannot be contacted or identified:

  • Support for Persons Harmed - involve only the person harmed meeting with a facilitator to talk about their experience, short- and long-term reactions, strategies for recovery and access to other support services.
  • Victim Awareness - involves only the person responsible in one-to-one or group-work sessions with a facilitator, and may include reparative tasks.
  • Restorative Conversations - involve only the person responsible in a 5-10 minute meeting with a facilitator, normally in an institutional setting (schools, prisons, secure care, etc.)

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