Restorative ConnectionsRestorative ConnectionsDeveloping a roadmap across Developing a roadmap across

the Island of Irelandthe Island of Ireland

Harry Maguire, Emily Sheary & Harry Maguire, Emily Sheary & Tom WinstoneTom Winstone

Restorative Practices in Partnership with the Restorative Practices in Partnership with the CommunityCommunity

ThisThis Workshop will explore the Experiences Of:Workshop will explore the Experiences Of:

Community Restorative Justice IrelandCommunity Restorative Justice IrelandNorthern Ireland AlternativesNorthern Ireland Alternatives

Nenagh Community Reparation ProjectNenagh Community Reparation Project

Harry Maguire, Manager, Community Restorative Justice IrelandHarry Maguire, Manager, Community Restorative Justice Ireland

Tom Winstone, Manager, Northern Ireland AlternativesTom Winstone, Manager, Northern Ireland Alternatives

Emily Sheary, Co-Ordinator, Nenagh Community Reparation ProjectEmily Sheary, Co-Ordinator, Nenagh Community Reparation Project

Restorative Connections, Crowne Plaza Dundalk, November, 2013Restorative Connections, Crowne Plaza Dundalk, November, 2013

INTRODUCTION This workshop will consider the potential for

restorative practices to be developed and delivered in partnership with the community.

Experiences of Nenagh Community Reparation Project a Community based Restorative Justice Project in Nenagh, County Tipperary

Experiences of NI Alternatives and CRJI the community based initiatives managed by Harry and Tom in Northern Ireland.

45 mins of discussion time for questions and to consider the projects which are rooted in Communities, North and South.

Agree one action point as part of our discussion - what new step can we implement in our restorative practice following today’s workshop?

Nenagh Community Reparation Nenagh Community Reparation ProjectProject

Nenagh Community Reparation Project Nenagh Community Reparation Project (NCRP)- a Restorative Justice Project based in (NCRP)- a Restorative Justice Project based in Nenagh, County TipperaryNenagh, County Tipperary

How we work, who we work for and the How we work, who we work for and the challenges and opportunities we encounterchallenges and opportunities we encounter

What is NCRP and what do we do:What is NCRP and what do we do:

Restorative Justice Service in Counties Tipperary and Restorative Justice Service in Counties Tipperary and Offaly. Offaly.

Funded by the Department of Justice through the Funded by the Department of Justice through the Probation Service. Probation Service.

Adult Referrals, majority male aged 18-25Adult Referrals, majority male aged 18-25 Working within the Criminal Justice System taking Working within the Criminal Justice System taking

Judge directed referralsJudge directed referrals Referrals made at pre sanction stage following the Referrals made at pre sanction stage following the

establishment of guilt establishment of guilt

ProcessProcess Referrals dealt with according to specifics of parties Referrals dealt with according to specifics of parties

involved.involved. Invitation to victim and offender to engage on a Invitation to victim and offender to engage on a

voluntary basisvoluntary basis Victim invited to participate to whatever extent they Victim invited to participate to whatever extent they

wish-wish- If no direct victim participation a reparation panel is If no direct victim participation a reparation panel is

convened- panel comprised of Facilitator, Garda and convened- panel comprised of Facilitator, Garda and community representation. community representation.

Panel discuss: nature of the offence, who has been Panel discuss: nature of the offence, who has been affected, how the harm can be repaired and how to affected, how the harm can be repaired and how to avoid future offending.avoid future offending.

Contract of ReparationContract of Reparation

Community volunteers participate in discussing the Community volunteers participate in discussing the impact of the offence on the victim / community and impact of the offence on the victim / community and developing the Contract of Reparation.developing the Contract of Reparation.

Victim interests represented to the maximum extent Victim interests represented to the maximum extent Contract of Reparation is agreed-a set of reparative Contract of Reparation is agreed-a set of reparative

actions which demonstrates that the offender has actions which demonstrates that the offender has gained an understanding of the implications of their gained an understanding of the implications of their actions, is taking steps to repair harm caused and to actions, is taking steps to repair harm caused and to avoid re-offending. avoid re-offending.

Progression of ContractProgression of Contract

Completion of the Contract supported and Completion of the Contract supported and monitored by NCRP.monitored by NCRP.

Return to Court for review of progress. If Contract Return to Court for review of progress. If Contract complete Judge will deal with the matter taking into complete Judge will deal with the matter taking into account the work undertaken.account the work undertaken.

Victim is informed of level of compliance and final Victim is informed of level of compliance and final outcome if they wish.outcome if they wish.

Broad range of offences dealt with- Assault, Theft, Broad range of offences dealt with- Assault, Theft, Burglary, Drug Offences, Damage to Property, Burglary, Drug Offences, Damage to Property, range of Public Orderrange of Public Order

Who Does NCRP Work for? Who Does NCRP Work for?

Engaging with those directly involved- victim, offender and Engaging with those directly involved- victim, offender and communitycommunity

VICTIM PARTICIPATIONVICTIM PARTICIPATION::Benefits for victim: to be central figure in the process, to Benefits for victim: to be central figure in the process, to be heard, to have a say, to receive information on outcomes, be heard, to have a say, to receive information on outcomes, monetary restoration, apology, reparation.monetary restoration, apology, reparation.Victims want different things; flexible approach required to Victims want different things; flexible approach required to work with victims to whatever extent they wish.work with victims to whatever extent they wish.Victim engagement is entirely voluntary Victim engagement is entirely voluntary If victim is not participating their views will be represented If victim is not participating their views will be represented throughout the process.throughout the process.

Offender Participation Offender Participation

Opportunity to accept responsibility, understand Opportunity to accept responsibility, understand consequences, make reparation.consequences, make reparation.

Participation is fully informed and consented. Participation is fully informed and consented. Environment of mutual respect, voluntary Environment of mutual respect, voluntary

engagement, flexible approach, consensusengagement, flexible approach, consensus Assessment as to suitabilityAssessment as to suitability Contracts vary-may involve apology, voluntary work, Contracts vary-may involve apology, voluntary work,

compensation, self development.compensation, self development. Contract submitted to Court for approvalContract submitted to Court for approval

Community InvolvementCommunity Involvement

Strong Community EthosStrong Community Ethos

Panel of Community Volunteers in each areaPanel of Community Volunteers in each area Community participation in panel meetings where Community participation in panel meetings where

no victim participation or where community is the no victim participation or where community is the victim- public order offences, damage to public victim- public order offences, damage to public propertyproperty..

Facilitation of reparation within community groupsFacilitation of reparation within community groups Inclusion and IntegrationInclusion and Integration

Sample Contract of ReparationSample Contract of Reparation John- Aged 22, unemployed, early school leaver. John- Aged 22, unemployed, early school leaver.

Offence: Public Order and Criminal DamageOffence: Public Order and Criminal Damage Drunk on the street became abusive with Gardaí Drunk on the street became abusive with Gardaí

who directed him home. Destroyed hanging who directed him home. Destroyed hanging baskets of a local business owner.baskets of a local business owner.

Panel discussed: Impact on Gardaí /business owner/ Panel discussed: Impact on Gardaí /business owner/ community- residential street, public incident. community- residential street, public incident. Misuse of Alcohol, John’s plans for his future.Misuse of Alcohol, John’s plans for his future.

Contract Terms: Apologise to Gardaí and local Contract Terms: Apologise to Gardaí and local business owner. Compensation for value of plants business owner. Compensation for value of plants or replacement. 20 hours voluntary work with Tidy or replacement. 20 hours voluntary work with Tidy Towns group in his local area. Drug and Alcohol Towns group in his local area. Drug and Alcohol education and awareness. Investigate courses in education and awareness. Investigate courses in his local education centre.his local education centre.

ChallengesChallenges Role of the victim Vs. role of the communityRole of the victim Vs. role of the community

Victim non participation for many reasons: unidentifiable Victim non participation for many reasons: unidentifiable victim, passage of time, matter resolved, fear, anger.victim, passage of time, matter resolved, fear, anger.

Timeframe of the Court process and perception of offender Timeframe of the Court process and perception of offender motivation can be problematic motivation can be problematic

Lack of legislative base can lead to inconsistency in referral Lack of legislative base can lead to inconsistency in referral levels as project relies on individual Judges. levels as project relies on individual Judges.

Legislation could aid: legitimacy, consistency of referral, Legislation could aid: legitimacy, consistency of referral, consistency in recording outcomes, ensure safeguards, aid consistency in recording outcomes, ensure safeguards, aid expansion.expansion.

Maintaining a meaningful role for Community within context Maintaining a meaningful role for Community within context of more serious harmof more serious harm

To ConcludeTo ConcludeRJ offers some challenges and many opportunities. RJ offers some challenges and many opportunities. Opportunity for victims and community to have a say and Opportunity for victims and community to have a say and play a role in dealing with offences.play a role in dealing with offences.

Feedback from participants illustrates the benefits of the Feedback from participants illustrates the benefits of the process and that the process is perceived as fair.process and that the process is perceived as fair.

Where participation is voluntary, agreements are reached Where participation is voluntary, agreements are reached by consensus and compliance is supported and monitored by consensus and compliance is supported and monitored successful outcomes are more likely. successful outcomes are more likely.

Future efforts must focus on development and maintenance Future efforts must focus on development and maintenance of good and consistent practice, education of all of good and consistent practice, education of all stakeholders within Criminal Justice System so that the stakeholders within Criminal Justice System so that the position of RJ can be strengthened and developed for the position of RJ can be strengthened and developed for the benefit of all stakeholders.benefit of all stakeholders.

Stakeholder FeedbackStakeholder FeedbackOffender:“It was a fair contract and it has helped so much. If I hadn’t have done this contract I probably would have got into more trouble but instead I have really improved my ways of drinking and my life.” “just really wanted to take back what I have done when I seen the expression on the victim’s face.”Victim:Victim:“good to see offenders making a contribution to the cost of the damages with their own time and effort…found this process very beneficial, received an apology and was satisfied with that apology”

CommunityCommunity“All the people I met deserved a chance. It is a good opportunity …to give someone a chance to learn from their mistakes. A very positive development .

CRJI & NIACRJI & NIA

Government Accredited Government Accredited OrganisationsOrganisations

Inspected by Criminal Justice Inspected by Criminal Justice InspectorateInspectorate

Restorative Qualifications up to 3Restorative Qualifications up to 3rdrd LevelLevel

Restorative = RelationshipsRestorative = Relationships

Why Restorative PracticeWhy Restorative Practice In what SituationsIn what Situations Has Restorative Practice workedHas Restorative Practice worked

Restorative Practice = DiversityRestorative Practice = Diversity

3 Case examples3 Case examples Neighbourhood – Restorative Neighbourhood – Restorative

MediationMediation Criminal Justice – Community/PoliceCriminal Justice – Community/Police Community/StatutoryCommunity/Statutory

PartnershipsPartnerships

PolicePolice ProbationProbation N.I. Housing Ex & AssociationsN.I. Housing Ex & Associations Social ServicesSocial Services N.I.P.S.N.I.P.S. D.S.DD.S.D Y.J.A.Y.J.A.

Restorative Values underpin Restorative Values underpin Restorative RelationshipsRestorative Relationships

RespectRespect VoluntaryVoluntary ToleranceTolerance ResponsibilityResponsibility AccountabilityAccountability OpennessOpenness TransparencyTransparency

Developing The Road Map Developing The Road Map

Questions & Answers Questions & Answers