My Lords, in moving Amendment 12, I shall speak also to Amendment 13. The purpose of Amendment 12 is to insert the phrase “meet the needs of the victims” to make it clear that the aim of the restorative justice requirement being imposed by the court is to include both victim and offender equally, which is after all the point of restorative justice. The amendment seeks to keep the needs of the victim at the centre of the process, where they belong.
It is a very welcome move by the Government that this part of the Bill makes formal provision for restorative justice to take place in this country. These provisions allow for the court to defer sentencing following a guilty plea for a restorative justice conference to take place, when all the necessary conditions are present. Of course, this may not always be the case. For example, all potential participants may not be sure that this is what they really want and they may need more time. However, the principle is being allowed for that restorative justice is to be an integral part of the sentencing process and subsequent outcomes.
It has been said, rightly, that this is the biggest development for restorative justice since legislation introducing referral order panels happened in 1999, when those panels were set up to offer RJ to young, first-time low-level offenders via the YOTs. The principle is that when a court chooses a restorative approach, it is made clear that all concerned are involved in the process. This is good practice and is at the heart of what restorative conferencing is about: what the
circumstances of the crime were both from the offender’s point of view and what it has meant to the victim. It involves developing a realisation by both parties of how and why the event occurred and what it meant to all concerned, both at the time and later. This then has a bearing on decisions of how amends can be made. It is extremely important that the offender gains an insight of exactly how much pain and trouble has been inflicted and that the victim can describe and explain this in a personal way. That can be extremely surprising to the offender, who has often not considered for a moment the outcome of his actions. At the same time, this can be a great help to the victim in coming to terms with the event and moving on in their life. I have sat in on restorative conferences and seen such processes at work. They are truly remarkable.
This amendment seeks to ensure that a restorative conference is a totally inclusive exercise, which is the essence of RJ. Indeed, it underlines the Government’s oft-repeated objective of focusing more on the needs of victims than in the past. There are huge challenges ahead to establish the framework, skills, understanding, acceptance and confidence of all concerned in the realisation of this plan, not to speak of the costs. It remains incumbent on the Government to spell out in much more detail exactly what their plans are in all these areas.
Amendment 13 involves deleting “Imposition” and substituting “Administration”. This follows on logically from my earlier argument; namely, that a restorative requirement should be administered and not imposed by the court. Indeed, the fact that the Government are using words in the Bill such as “Imposition” in this context demonstrates that they, too, have some way to go in understanding what RJ is really all about. This involves proper planning and can take time. It is essential that the participants in a restorative process have consented to do so, and that it has not been imposed or forced in any way. The practical reality is that this may take some time and may not always be possible before a court hearing or before a guilty plea has been entered. Some victims may not have been contacted or they may not be sure that this is what they want and need time to think, particularly if they do not know in advance whether there will be a guilty plea. There are also the practicalities of contacting others who may be involved as secondary victims of the crime, such as family members or supporters. Finally, there is the preparatory work with all the participants. Therefore, importantly, this amendment allows for a deferral period when all this work can be carried out to ensure that the best outcomes of the process can be realised.
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I said at Second Reading that I believe it is vital for two reasons that proper provision is in place for the administration of restorative justice. First, we want it to succeed. If we do not, then, by default, we will set it back for a long time as belief and confidence in this subtle and sensitive process will be badly damaged. Secondly, success is important because in those places around the country where restorative conferences take place, they have been found to be very effective generally and are frequently transformational. The figures are
encouraging: 70% of victims offered RJ at the pre-sentence stage said it had come at the right time for them and 85% of those taking part said they were satisfied with the experience. It has led to a 14% reduction in the frequency of reoffending, which is better than prison or even community sentencing. Sentencers welcomed pre-sentence conferencing because it provided significant information to aid their decision-making.
There is still a long way to go to deliver and hone the quality of RJ provision. Crucially, sentencers must understand, appreciate and buy into what it has to offer, which will mean training. They must know that the Government’s intention is that the option to defer for RJ should be available in all types of case, not just in those that are on the cusp of custody. That could be quite a facer for some sentencers. Everyone will need a lot of guidance. The number of well qualified, experienced facilitators must be developed. Support for victims is vital and the whole exercise must be properly and well funded.
Overall, the development of confidence will be critical, but we know, beyond peradventure, that it is an experience which can be life-changing. The Government’s commitment to RJ, which is now being put into statute, must be the key to its proper development. I commend these amendments to the Minister in the hope of seeing the Government getting things right at the start of this important policy initiative. I beg to move.