Restorative justice is an approach to resolve crime and other conflict situations. It is an inclusive process. Restorative justice reconstructs traditional notions of crime and how the state or society should respond to it. Restorative justice redefines a crime in relation to people, and acknowledges key people involved in crimes:
“Victims, offenders and communities are all key stakeholders in justice” (Zehr and Mika, 1998)1.
There are different restorative justice approaches to meet the needs of different situations. However, they all offer the people who have been most affected by a crime, that is the victim, offender and the community, an opportunity to have a greater say in repairing the harm or damage and resolving any other issues.
It works alongside the formal justice system. This is a tool for making right the wrong, a tool that allows victims of injustice to have a voice and a tool for people to take responsibility for the harm that they have caused to others.
Restorative Justice is entirely voluntary so if you do not want to take part you cannot be forced to. It is a means for victims and offenders to communicate with each other; to say what they want to say about the crime, how it affected them and what they want to happen about it. It provides the opportunity for offenders to apologise, make amends for their offending and often provides support to change their behaviour in the future.
The philosophy behind restorative justice is not new. Involving stakeholders in the resolution of an offence has historically been intrinsic in the methods of justice employed by indigenous peoples - for example, Brehon Laws in Ireland and Maori tradition in New Zealand.
Restorative justice providers are usually community- and church-based groups. They deliver restorative justice processes to many of the Courts across the whole of New Zealand and are also delivering restorative justice processes within schools and workplaces. The use of this model is being developed as a tool in all areas of conflict and relationship management.
Seven people are sitting round a table. Only one of these people has met all of these people before. This man is a restorative justice facilitator. His role is to bring people together to have a conversation. However, this is a very sensitive conversation and has to be managed very skilfully.
Mark is 21 years old; he lives apart from his family. He had spent many a time in the past with Grandpa Peri, listening to his stories. They are friends and they have respect for each other.
This had changed. Mark, while out with his friends had got drunk. He had then entered Grandpa Peri’s home as a dare. He had stolen some cash and Grandpa’s war medal. He had often sat and heard the story about how it had been won. He knew that Grandpa had lost a good many of his friends in the war, and he knew how proud Grandpa was of being awarded the medal.
They are sitting together at a restorative justice meeting. Mark had been to court and pleaded guilty to burglary. He had agreed that he wanted to apologise to Grandpa Peri for what he had done. Grandpa Peri wanted to know what had happened to his medal, and wanted to tell Mark how saddened he was by the boy’s actions. A lot of tears are flowing, and words are expressed that are hard to hear.
However, the healing of the restorative justice process brings these two people back to a place in their hearts so that trust and friendship can be restored.
“I am just so pleased that I went to this meeting. I thought it would be a complete waste of time, but it’s been brilliant”, said Grandpa Peri at the close of the restorative justice conference.
Julia Hennessy has recently become General Manager of FamilyWorks at Presbyterian Support Central. She previously worked at the Ministry of Justice liaising with restorative justice providers across New Zealand, after emigrating from the UK in 2005.
1. Zehr, R and Mika, H. (1998). Fundamental Concepts of Restorative Justice. Contemporary Justice review, Vol. 1, 47-55.
Julia Hennessy