My Lords, I have retabled my amendment following discussion in Committee with an amended wording that is possibly clearer and specific to the restorative process. This is all about giving the victim the opportunity to talk about the whole experience of the offence they have suffered or to express their feelings in some other way which is better or easier for them. It is nothing to do with compensation or financial need, but specifically the personal, human dimensions of the event. It could also involve others who have been directly or indirectly
involved in the event or events or possibly in supporting the victim, which could involve family or other relevant people close to the.
This puts the victim at the centre of the process, always remembering, of course, that the purpose of RJ is for both victim and offender. The dialogue and engagement of both parties is at the heart of the restorative process—for each to hear the other articulating in whatever way they choose just what the experience was like for them, what they felt then and feel now, what it meant in order to make sense of the event, to come to terms with it all and to achieve some sort of closure. The chance to hear the offender apologise for what has occurred can mean a great deal to the victim, as can the opportunity to describe the impact of the event on his or her life. It can also be very helpful—not to say a revelation—to the perpetrator, as well as making him understand the results of his actions, of which he is often entirely oblivious.
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What is really important is that the amendment makes it possible for RJ to be formally available in this country, and an integral part of the sentencing process and subsequent outcomes. It makes provision for the court to defer sentencing following a guilty plea for a conference to take place, or for some time to be given to the victim to decide if this is what they really want. There will also be provision for post-sentencing restorative conferences in due course, usually in more serious cases. This will also mean that there will be a need for the development of sentencing guidelines so that the courts feel comfortable with the new provisions. After all, it is in the courtroom that the whole process will start, with the sentencer making the crucial decision to allow for the possibility of a restorative conference. This is likely to require some considerable training so that all concerned really understand and appreciate the benefits to be gained by the whole process, and how to take account of the outcomes at the point of sentence. This will involve new skills and understanding, not just in court but on the part of many other facilitators, administrators and sentencers who will have to realise that the Government intend that the option to defer for RJ should be available in all types of case. This is likely to take time to develop and evolve and, as skill and confidence grows, it will become clear that this is a process that will certainly be applicable to more than just those on the cusp of custody. Above all, it is important that the courts can feel confident that the process is being delivered following best practice, with skill and quality. This means investment in the necessary capacity at a local level.
This is a very important time for restorative justice and all those likely to benefit from it. I look forward to hearing confirmation from the Government that they, too, are confident in their commitment to taking this new way of working forward. I beg to move.