Restorative Connections Developing a roadmap across the Island of Ireland

1. Restorative ConnectionsDeveloping a roadmap across the Island of Ireland Harry Maguire, Emily Sheary & Tom Winstone

2. Restorative Practices in Partnership with the CommunityThisWorkshop will explore the Experiences Of:Community Restorative Justice IrelandNorthern Ireland AlternativesNenagh Community Reparation Project Harry Maguire, Manager, Community Restorative Justice Ireland Tom Winstone, Manager, Northern Ireland Alternatives Emily Sheary, Co-Ordinator, Nenagh Community Reparation Project Restorative Connections, Crowne Plaza Dundalk, November, 2013

3. 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 Projecta 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?

4. Nenagh Community Reparation Project • Nenagh Community Reparation Project (NCRP)- a Restorative Justice Project based in Nenagh, County Tipperary • How we work, who we work for and the challenges and opportunities we encounter

5. What is NCRP and what do we do: • Restorative Justice Service in Counties Tipperary and Offaly. • Funded by the Department of Justice through the Probation Service. • Adult Referrals, majority male aged 18-25 • Working within the Criminal Justice System taking Judge directed referrals • Referrals made at pre sanction stage following the establishment of guilt

6. Process • Referrals dealt with according to specifics of parties involved. • Invitation to victim and offender to engage on a voluntary basis • Victim invited to participate to whatever extent they wish- • If no direct victim participation a reparation panel is convened- panel comprised of Facilitator, Garda and community representation. • Panel discuss: nature of the offence, who has been affected, how the harm can be repaired and how to avoid future offending.

7. Contract of Reparation • Community volunteers participate in discussing the impact of the offence on the victim / community and developing the Contract of Reparation. • Victim interests represented to the maximum extent • Contract of Reparation is agreed-a set of reparative actions which demonstrates that the offender has gained an understanding of the implications of their actions, is taking steps to repair harm caused and to avoid re-offending.

8. Progression of Contract • Completion of the Contract supported and monitored by NCRP. • Return to Court for review of progress. If Contract complete Judge will deal with the matter taking into account the work undertaken. • Victim is informed of level of compliance and final outcome if they wish. • Broad range of offences dealt with- Assault, Theft, Burglary, Drug Offences, Damage to Property, range of Public Order

9. Who Does NCRP Work for? Engaging with those directly involved- victim, offender and community VICTIM PARTICIPATION: • Benefits for victim: to be central figure in the process, to be heard, to have a say, to receive information on outcomes, monetary restoration, apology, reparation. • Victims want different things; flexible approach required to work with victims to whatever extent they wish. • Victim engagement is entirely voluntary • If victim is not participating their views will be represented throughout the process.

10. Offender Participation • Opportunity to accept responsibility, understand consequences, make reparation. • Participation is fully informed and consented. • Environment of mutual respect, voluntary engagement, flexible approach, consensus • Assessment as to suitability • Contracts vary-may involve apology, voluntary work, compensation, self development. • Contract submitted to Court for approval

11. Community Involvement • Strong Community Ethos • Panel of Community Volunteers in each area • Community participation in panel meetings where no victim participation or where community is the victim- public order offences, damage to public property. • Facilitation of reparation within community groups • Inclusion and Integration

12. Sample Contract of Reparation • John- Aged 22, unemployed, early school leaver. Offence: Public Order and Criminal Damage • Drunk on the street became abusive with Gardaí who directed him home. Destroyed hanging baskets of a local business owner. • Panel discussed: Impact on Gardaí /business owner/ community- residential street, public incident. Misuse of Alcohol, John’s plans for his future. • Contract Terms: Apologise to Gardaí and local business owner. Compensation for value of plants or replacement. 20 hours voluntary work with Tidy Towns group in his local area. Drug and Alcohol education and awareness. Investigate courses in his local education centre.

13. Challenges • Role of the victim Vs. role of the community • Victim non participation for many reasons: unidentifiable victim, passage of time, matter resolved, fear, anger. • Timeframe of the Court process and perception of offender motivation can be problematic • Lack of legislative base can lead to inconsistency in referral levels as project relies on individual Judges. • Legislation could aid: legitimacy, consistency of referral, consistency in recording outcomes, ensure safeguards, aid expansion. • Maintaining a meaningful role for Community within context of more serious harm

14. To Conclude RJ offers some challenges and many opportunities. • Opportunity for victims and community to have a say and play a role in dealing with offences. • Feedback from participants illustrates the benefits of the process and that the process is perceived as fair. • Where participation is voluntary, agreements are reached by consensus and compliance is supported and monitored successful outcomes are more likely. • Future efforts must focus on development and maintenance of good and consistent practice, education of all stakeholders within Criminal Justice System so that the position of RJ can be strengthened and developed for the benefit of all stakeholders.

15. Stakeholder Feedback Offender: • “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: • “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” Community • “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 .

16. CRJI & NIA • Government Accredited Organisations • Inspected by Criminal Justice Inspectorate • Restorative Qualifications up to 3rd Level

17. Restorative = Relationships • Why Restorative Practice • In what Situations • Has Restorative Practice worked

18. Restorative Practice = Diversity • 3 Case examples • Neighbourhood – Restorative Mediation • Criminal Justice – Community/Police • Community/Statutory

19. Partnerships • Police • Probation • N.I. Housing Ex & Associations • Social Services • N.I.P.S. • D.S.D • Y.J.A.

20. Restorative Values underpin Restorative Relationships • Respect • Voluntary • Tolerance • Responsibility • Accountability • Openness • Transparency

21. Developing The Road Map • Questions & Answers