“Drawing together research, policy and
practice for restorative justice”.
London, 22nd November 2010
IARS – ICCCR Expert Seminar
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Talking about “restorative justice”
 Many
definitions and yet there is ambiguity & conceptual
fault-lines (Gavrielides 2008)
 "Restorative justice is an ethos with practical goals, among
which is to restore the harm done by including all affected
parties in a process of understanding through voluntary and
honest dialogue, and by adopting a fresh approach to
conflicts and their control, retaining at the same time certain
rehabilitative goals" (Gavrielides 2007)
RJ Practices: Victim-Offender mediation (direct &
indirect), family group conferences, healing and
sentencing/ peacekeeping circles, community restorative
Boards (Bazemore and Walgrave 1999, Johstone 2001,
Crawford and Newburn 2003).
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Ground rules for the discussion
 Chatham
House rule: “participants are free to use the
information received, but neither the identity nor the affiliation
of the speaker(s), nor that of any other participant, may be
revealed”
 There is a journalist amongst us (BBC) but not to report on
what people say
 If you object having your photo taken please say so
 The discussion is recorded but for the purposes of
research
 Discussion to be held in the restorative way.
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Background & impetus for the seminar
• The opportunities of the last 10 years and the momentum of
the new policies and government crime reduction strategies
- RJ back in the 1970s and in the shadow of the law
- 1998 Crime & Disorder Act, 1999 YJCE Act
- 2001 EU Framework Decision mediation in criminal
proceedings
- 2002 UN Resolution on the principles of RJ
- 2003 national strategy on restorative justice
- 2006 YJB Action Plan
• And then … the flurry of activities waned! Was it because the
evidence was not there? What it because the evidence was
not positive?
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Background & impetus for the seminar
• “The evidence on restorative justice is far more extensive, and
positive, than it has been for many other policies that have
been rolled out. Restorative justice is ready to be put to far
broader use” (Sherman and Strang 2007), JRC 2001 est. £7-8
million gov funding on research/ evaluation of RJ
• Yet again, there is a momentum, however:
• Gavrielides T (2007) Restorative justice theory and practice:
addressing the discrepancy, Helsinki: HEUNI
• Anxiety: power/ interest battles within the restorative justice
movement (top down agendas, accreditation & standards,
monopoly and funding, definitions & public awareness).
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Aims of the seminar
- to initiate an international debate that will assist the development of
improved practices, better informed policy and more grounded
research on restorative justice
- to bring together key names in the field of restorative justice who are
working on research, practice and policy but have not been able to
communicate with each other before; create a network between them
and facilitate future dialogue
- to explore any gaps in the area of accreditation and standards of
restorative justice and propose ways forward
- to hear from practitioners, researchers and policy makers what their
key, current interests and concerns are in the development and
implementation of restorative justice and devise a strategy.
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Agenda
13:00 – 13:15:
14:00 – 14:30:
Welcome & purpose of the seminar (Dr.
Theo Gavrielides)
Restorative justice: practice gaps &
aspirations (Ben Lyon)
Restorative justice: research gaps &
aspirations (Prof. Gerry Johnstone)
Restorative justice: policy gaps &
aspirations (Graham Robb)
Discussion (All)
14:30 – 15:00:
Coffee break
15:00 – 16:00:
Discussion & Next steps (All)
13:15 – 13:30:
13:30 – 13:45:
13:45 – 14:00:
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About the hosts: IARS and ICCCR
The International Centre for Comparative Criminological
Research (ICCCR) is an Open University centre of research
excellence. The ICCCR unites contemporary practice-based
research and critical policy analysis in crime, policing and
criminal justice with an awareness of historical, psychological
and social contexts.
Independent Academic Research Studies (IARS) is a youth-led
social policy think-tank that was set up in 2001 to empower
young people to inform and influence policies and practices that
affect them. We have expertise in restorative justice, criminal
justice, human rights, equality and public legal education.
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Your involvement is key
• Although UK focused, there is international interest in our findings
and recommendations
• HEUNI publication (European Institute of Crime Prevention and
Control Affiliated with the United Nations) based on today’s seminar
• Home Office, Ministry of Justice, YJB etc representatives
• Accreditation and standards professionals and academics
• Consider donating, becoming an IARS member of buying our
publications (to cover the costs for lunch and packs); enable us to do
similar free seminars and receive final publication. £10 can give a
disadvantaged young person at IARS training and work placement
for a week!
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Restorative justice programmes currently
run by IARS
- Mediation and restorative justice in prison settings - An
international project co-financed by the European Commission
Criminal Justice Programme 2008. The UK programme looks
at the use of restorative justice in juvenile secure estates
- Restorative justice for serious and complex cases –
“Violence against women and restorative justice” Gavrielides
& Artinopoulou (Panteion University, Greece), “Restorative
justice and hate crimes”, (Greece, Croatio and the UK)
- Bringing human rights and restorative justice values
under one roof – “Rights and restoration within youth justice”
de sitter publications: Canada 2012, Gavrielides
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Why restorative justice?
There is positive evidence on:
 Victim satisfaction
 Victim monetary/ material compensation
 Victim non-material compensation (apology, healing)
 Reduction of re-offending (recidivism)
 Offender satisfaction
 Community impact
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Why not restorative justice
Restorative justice may not be punitive but has implications
for the offender, the victim, the community:
 Risks to suspects (principle of voluntariness, presumption of
innocence human rights principle, coercion)
 Double jeopardy (Article 6 Human Rights Act)
 How reconcilable is RJ with the human rights doctrine?
 Risks to child defendants
 Principle of proportionality (sentencing)
 Power imbalances (gender, age, race, socio-economic status)
 Re-vicitimisation
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A cost-benefit analysis of RJ:
 Based on 342 cases, for every £1 spent on restorative
justice, up to £9 was saved in lowering the cost of offending.
In total, the 342 cases that were processed through
restorative justice saved the criminal justice system £7.29m
(Shaplant et al 2008: Ministry of Justice Research Series
10/08)
 Miers et al (2001) £177 – £712 per case, Holdaway et al
(2001) £410 per case
 The average cost per person proceeded against in the
courts is £2,700 (Home Office 1999).
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RJ standards accreditation and innovation
“While it is good that we are now having debates on
standards for RJ it is a dangerous debate. Accreditation
for mediators that raises the spectre of a Western
accreditation agency telling an Aboriginal elder that a
centuries old restorative practice does not comply with
the accreditation standards is a profound worry”
(Braithwaite 2002)
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Ben Lyon: Senior restorative
justice practitioner
Register of Restorative Justice
Practitioners
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Prof. Gerry Johnstone:
Professor of Law, Director, MA in
Restorative Justice
Research Director, University of
Hull Law School
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Graham Robb:
Board member of the Youth
Justice Board for England and
Wales
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Discussion Guide:
- Remember the key objectives of the seminar!
- Issues raised by Gavrielides, Lyon, Johnstone, Robb:
 Need for practitioners and researchers to work closer
 Type and level of accreditation needed for the RJ sector
and the role of Universities in facilitating this
 Current policy and legislative backdrop: what are the
Home Office/ Ministry of Justice priorities/ plans?
 What are the policy gaps particularly in the area of
restorative justice with juveniles?
 RJ within the current cultural & political context
- Next steps and priorities
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This was a seminar jointly hosted by IARS and
ICCCR of Open University
Contact details
Dr. Theo Gavrielides
T.Gavrielides@iars.org.uk
3B, Park Place, 10-12 Lawn Lane, London SW8 1UD, UK
020 8133 8317, Office Mob: 07970924535
www.iars.org.uk
With the financial support of EU Grant agreement no
JLS/2008/JPEN/015-30-CE-0267156/0039 for the MEREPS project.
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