Restorative Justice and mediation in Europe

1. Restorative Justice and mediation in Europe Ivo Aertsen K.U.Leuven European Forum for Victim-Offender Mediation and Restorative Justice Angers, May 6, 2004

2. Defining Restorative Justice in a European context • Restorative Justice as a principled approach to crime and criminal justice • RJ in a strict sense: concrete methods • Victim-offender mediation (VOM) • Family group conferences • Sentencing circles • RJ in a broad sense • A European approach

3. Restorative Justice definitions (1) ‘Restorative justice is a process whereby parties with a stake in a specific offence resolve collectively how to deal with the aftermath of the offence and its implications for the future’. (T. Marshall, 1999)

4. Restorative Justice definitions (2) ‘Restorative justice is a problem-solving approach to crime which involves the parties themselves, and the community generally, in an active relationship with statutory agencies. It is not a particular practice, but a set of principles which may orientate the general practice of any agency or group in relation to crime.’ (T. Marshall, 1999)

5. Restorative Justice definitions (3) ‘Restorative Justice seeks to balance the concerns of the victim and the community with the need to reintegrate the offender into society. It seeks to assist the recovery of the victim and enable all parties with a stake in the justice process to participate fruitfully in it’. (Restorative Justice Consortium, 1998)

6. VOM in Europe (1) • General developments within the countries • Quantitative impact • Types of cases • Organisational structures

7. VOM in Europe (2) • Legislation • Juvenile Justice Act • Code of Criminal Procedure/Criminal Code • Autonomous mediation law • Mediation methodology • Process • Communication • Role of the mediator • Leading principles (neutrality, voluntariness, confidentiality)

8. VOM in Europe (3) • Evaluative findings • Willingness to participate • Degree of satisfaction • Agreements and compliance • Re-offending • Work and time • Financial cost

9. Europe: supranational developments (1) • Bilateral and regional co-operation • Council of Europe • Training • Recommendation + follow up • Handbook

10. Recommendation R(99)19 concerning mediation in penal matters I. Definition II. General principles III. Legal basis IV. The operation of criminal justice in relation to mediation V. The operation of mediation services V.1. Standards V.2. Qualifications and training of mediators V.3. Handling of individual cases V.4. Outcome of mediation VI. Continuing development of mediation

11. Europe: supranational developments (2) • European Union • Communication on Crime Victims (1999) • Council Framework Decision (2001)

12. Council Framework Decision 15 March 2001 on the standing of victims in criminal proceedings Art. 10: ‘1. Each Member State shall seek to promote mediation in criminal cases for offences which it considers appropriate for this sort of measure; 2. Each Member State shall ensure that any agreement between the victim and the offender reached in the course of such mediation in criminal cases can be taken into account.’

13. Europe: supranational developments (3) • Co-operation in general: European Forum for Victim-Offender Mediation and Restorative Justice • Objectives • Target groups • Structure • Activities • Networking • Committees • Newsletter • Conferences • Projects (eg. on training and support to implementation) • http://www.euforumrj.org

14. Europe: supranational developments (4) • Research: COST Action A21 on Restorative Justice Developments in Europe • Training in general: European Master in Mediation

15. United Nations • Basic Principles on the use of Restorative Justice Programmes in criminal matters (Commission on Crime Prevention and Criminal Justice, April 2002)