Minister Shatter welcomes the publication of the Probation Service Restorative Justice Strategy “Repairing the Harm: A Victim Sensitive Response to Offending”The strategy commits the Probation Service, through a framework of specific, targeted actions to further develop the wider application of restorative practice in the work of the Probation Service. The Strategy builds on the Probation Service achievements to date in the use of Restorative Justice Practice in its work in the courts and the community.
On publishing the strategy the Minister said “The Probation Service works to enhance public safety, reduce reoffending, make good the harm caused by offending and ensure that court orders are implemented. The underlying principles of Restorative Justice are reflected in the goals of the Probation Service, in particular that through challenging offender behaviour, offenders can be brought to understand that their behaviour is wrong and in accepting responsibility for their behaviour they must repair the harm suffered by victims and the wider community”
Following the final report of the National Commission on Restorative Justice in 2011, the Probation Service requested two Community Based Organisations funded by the Probation Service; Restorative Justice Services (RJS) and Nenagh Community Reparation Project (NCRP) to expand the delivery of their services to the Courts on a twelve month pilot basis. RJS expanded its services to the Court of Criminal Justice while the Nenagh Community Reparation Project extended its Services from Nenagh District Court, to courts in Roscrea, Borrisokane, Thurles and Tipperary, covering all of the District Court Area No.8. During the pilot period RJS received a total of 168 referrals and NCRP 58 referrals from the courts. These referrals included a significant number of “more serious” offences.
Commenting on the outcome of the pilot Minister Shatter said “The Probation Service pilot expansion of the two Restorative Justice projects has clearly demonstrated that Restorative Justice Interventions are a realistic option to be considered within the overall range of sentence disposals and represents a cost effective alternative to a custodial sentence. I am pleased to say that my Department through the Probation Service will be provide additional funding totalling €107,550 to support the further expansion of Restorative Justice Service in the CCJ and Cork District Courts”
Probation Service Director, Vivian Geiran said: “Restorative approaches have been a feature of the Probation Service’s work for many years. This new strategy sets out a clear vision and plan for how we will further embed restorative practice in our work with offenders, victims and communities to help achieve a safer and fairer society.”
A copy of the strategy is available on the Probation Service website or by following the link provided: Probation Service Restorative Justice Strategy
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Notes:
There are four principal models of restorative justice, three of which are operational in the Irish context.
(1) Victim Offender Mediation is a process which normally involves a face-to-face meeting between the victim and the offender, after guilt has been admitted or settled. It takes place in a controlled environment, under the supervision of a trained mediator. As a result of the process a mutually agreed plan is often devised to repair the harm caused. Some forms of victim offender mediation use what is known as shuttle mediation, where the parties do not meet but where messages are communicated through an intermediary.
(2) Family/Restorative Conferences provides for the convening of a conference in respect of a child (under 18 years) who has been involved in an offence and accepts responsibility for the behaviour. It is a structured meeting involving the victim, the offender, their families and friends and other relevant parties. At the conference, the young person’s actions will be discussed with regard to their effects on the victim, the community and the young person’s family. The conference aims to formulate an agreed plan which will help divert the young person from crime. Section 78 of the Children Act 2001, Restatement makes provision for court referred conferences.
(3) Reparation Panels are comprised of representatives from the voluntary, statutory and community sector which convene formal meetings with offenders where guilt has been established and responsibility accepted for the offence. During a meeting, panel members discuss with the offender the nature of the offence and its consequences. They develop a set of proposed sanctions which they consider with the offender and a written agreement is reached on the specific reparative actions which the offender must undertake in a particular timeframe.
(4) Circles are a form of restorative justice which is value driven. There are two forms:
a) Healing Circles which seek to focus on the cause of the problem and address not only the harm caused but, wherever possible, the social and cultural basis as well.
b) Sentencing circles work in partnership with the criminal justice system. This last model is not currently operational in the Irish Criminal Justice system.