South Tyneside Youth Justice Service Restorative Justiceprocedures

This document has been classified as: Not Protectively Marked

South Tyneside Youth Justice Service Restorative JusticeProcedures

Guidance for all staff

Date of Issue:June 2014

Review Date:June 2015

Author(s):Gary Bell, Operational Manager

Joanne Galston, YJS Officer

ContentsPage

1. Introduction3
2. Definition of a Victim4
3. Legal Context4
4. The Restorative Justice Process5
5. Vulnerable Victims6
6. Outcomes of Restorative Justice Assessments7
7. Referral Order Panels9
8. Recording of Victim Contacts10
9. Police Information Notice11
10. Notifications to Victim Liaison Unit12

Appendices

1. Restorative Justice Flowchart14
2. Restorative Justice Assessment Tool15
3. Victim Consent Form20
4. Restorative Conference Script21
5. Initial Victim Contact Letter24
6. Panel Invite Letter25
7. Victim Feedback Form26
8. Recording Victim Contacts on ChildView29
9. Referral to the NationalProbation ServiceVLU32
10. Victim Voice Leaflet34
    1. Introduction
11. An evaluated pilot study commissioned by the Ministry of Justice (2012) found that Restorative Justice was associated with an estimated 14% reduction in the frequency of re-offending. The findings from the Restorative Justice Action Plan for the Criminal Justice System showed that 85% of victims who participated in Restorative Conferencing were satisfied with the experience. The report concluded that the intervention can be beneficial for both the victim and young person who offended.

1.2In 2013, The Government introduced the Code of Practice for Victims of Crime to ensure the right guidance and support was available to help victims through an often sensitive, worrying and emotional time. This Code governs the services to be provided in England and Wales, (under section 32 of the Domestic Violence, Crime and Victims Act 2004) and identified the minimum commitment required.

1.3In response to the above, South Tyneside Youth Justice Service has developed the Victim Voice programme which aims to put promote the use of restorative justice by placing the voice of the victim at the heart of the process by:

• Giving the victim a voice and enabling their views to be heard
• Empowering the victim by giving them the opportunity to explore restorative options
• Providing opportunities for the victim to engage in direct restorative justice interventions such as Referral Order Panels and Restorative Justice Conferences
• Reducing concerns regarding re-victimisation
• Increasing victim satisfaction
• Reducing the fear of offending (public perception)
• Reducing furtherreoffending (statistically proven)

2.Definition of Victim

2.1The Crown Prosecution Servicedefines a ‘victim’ as:

• A person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct;
• A close relative of a person whose death was directly caused by criminal conduct.

2.2Under the Victims' Code of Practice, victims are entitled to receive services if they have made an allegation that they have directly experienced criminal conduct to the police in England and Wales, or had an allegation made on their behalf.

2.3The term ‘victim’ includes the parent or guardian of a victim who is under 18 years of age; the family spokesperson for bereaved relatives, for victims of crime who have a disability, or for victims who have been so badly injured as a result of criminal conduct that they are unable to communicate. It also includes businesses or enterprises (such as charities) that are victims of crime, but not public sector bodies, their agencies or other subsidiary organisations.

3.Legal Context

3.1This guidance should be read in conjunction with the following and is provided to highlight ‘local practice’ in the context of these documents and is not a replacement for them.

• The Code of Practice for Victims of Crime (2013)
• The Restorative Justice Action Plan for the Criminal Justice System (Ministry of Justice 2012)
• Victims Charter (2006)
• White Paper ‘Justice for All’ (2002)
• No More Excuses (1997)

4.TheRestorative Justice Process

4.1See Appendix 1 for a Flowchart of the following.

4.2When the perpetrator is under the age of eighteen, victims are entitled to the opportunity to take part in restorative justice activities[1]. Therefore thepolice must pass the victim’s contact details to the Youth Justice Service (unless consent is withheld by the victim).

4.3It is the responsibility of Business Support Staff to confirm the details of the victim and offence and generate a victim number (VIC XXXX and VICR XXXX for Regina); open a victim screen in Childview and input basic details. Business Support Staff shouldthen email the Case Manager with victim details.

4.4A risk assessment must be carried out before contact is made with any victim. The Case Manager must contact the YJS police to assess any intelligence which would indicate that there are risks relating to the victim or their address. If risks are identified, the Case Manager must conduct an assessment to determine whether a home visit or telephone contact can be made.

4.5If there are no assessed risks, the Case Manager mustsend out a letter offering services to the victim. If the Case Manager is unable to make contact with the victim then this needs to be recorded on ChildView documenting the efforts made (p.28).

4.6If the victim is willing to participate, all staff must adhere to the following general principles in line with the Victim Code of Practice.

• Explain their role and why they are contacting the victim
• Allow the victim to make informed choices throughout
• Advise that the victim’s involvement is voluntary and for their benefit, not that of the young person who offended.
• Update the victim about the progress and outcome of the case (if requested by the victim).
• Ensure that they are aware that they can opt in or out of services at any time.

4.7At the initial point of contact (home visit or telephone), it is theCase Manager'sresponsibility to explain the Victim Voice Programme and assess what Restorative Justice intervention meets the needs of the victim using the RJ Assessment tool (p.14). Once completed, this must be scanned/saved to the young person’s file under ‘assessment’.

4.8Case Managers must obtain written consent from the victim using the consent form on page 19 if the victim undertakes any direct restorative work.

4.9The RJ Assessment Toolmust be completed after the case manager hasassessed the young person to ensure that the RJ options open to the victim are realistic/achievable (only in exceptional circumstances e.g. availability of the victim should the victim be assessed first). When assessing the young person for suitability of contact with the victim, the case manager must recordthe session in a case diary entry stating what the aim of the session was, the methods used and the outcomeof the session in terms of suitability for RJ.

1. Vulnerable Victims

5.1Under the Victims Code of Practice, if a victim is under 18 years of age they will be automatically eligible for enhanced services[2] and deemed as a vulnerable victim.

5.2Likewise adult victims who fit into one of the following categories will also be entitled to enhanced services.

• A victim of the most serious crime;
• Persistently targeted victims; and
• Vulnerable or intimidatedvictims.

5.3It is the role of the police to assess victims for the need for enhanced services at the point of their investigations. The police are responsible for informing the victim of what additional services are available (e.g. special measures at court, pre-trial therapy/counselling and/or referral to victim support).

5.4Unless consent is withheld by the victim, the police will inform the YJS of the victim’s details, which will entitle them tothe opportunity to take part in restorative justice activities[3].

5.5The police will highlight on the Crime Report a victim is vulnerable or not. For all vulnerable victims the Case Manager is to liaise with the YJS police to assess the best strategy of contact. This should take into account the assessment made by the police, any specific measures in place and preferred methods of contact.

5.6Once the above is established then the case manager is responsible for applying section 4 whilst being aware of any possible vulnerability issues.

6.Outcomes of Restorative Justice Assessments

6.1All structured planned sessions undertaken with young people as outcomes from Restorative Justice Assessments can be counted as reparation hours (e.g. undertaking proprietary work with a young person on the lead up to an RJ conference or delivering a general RJ awareness session to enable the young person understand the purpose of their reparation). In summary, if the time spent with the young person is contributing to repairing the harm caused, then this can be counted as hours.

6.2Restorative Justice Conference: Restorative justice conferencing is the term used to describe a meeting between victims, offenders and their respective families and communities. A Restorative Justice Conferencing is convened to ensure that all parties have their say; there are no dominant parties and all discussions are carried out in a controlled environment. Thegoal is to repair harm that has been caused and prevent further offending. Arrangements for RJ Conferences are to be made by Case Manager and support offered by Victim Lead, if required. Page 19 offers a script and structure for the delivery ofconferences.

6.3Mediation: Mediation is a face-to-face meeting between the victim and the young person. It is an opportunity for victims to get answers to their questions about the offence and the person who committed it. The young person has the opportunity to take responsibility for what they have done and to understand the harm they have caused. If appropriate, a plan may be developed that reflects the joint decisions about how to make things right and it may include apology, reparation (direct/directed or in-direct). It is the responsibility of the facilitator to take minutes from the meeting setting out the plan which must have achievable, realistic goals that are time limited. All minutes must be saved on the young person’s file under Planning and must not include any details which would identify the victim.

6.4Reparation Direct to the Victim: This is when the victim has specified the type of reparation and it is linked directly to the victim e.g. repairing the victim’s garden fence that was damaged by the young person. The Case Manageris responsible for planning a clear timetable to achieve the recommended outcome, ensuring this meets the victim’s needs and informing the victim when the outcome has been achieved.

6.5Reparation Directed by the Victim: This is when the victim does not wish to have reparation directed to them but has specified where and/or who; e.g. they have named a family member who will accept reparation on their behalf. The Case Manager is responsible for planning a clear timetable to achieve the recommended outcome, ensuring this meets the victim’s needs and informing the victim when the outcome has been achieved.

6.6Indirect Reparation: When it has been assessed that it is not suitable to for any form of direct or directed reparation, then the Case manager is responsible for planning a timetable of activity to complete the allotted reparation hours using available community based reparation sites.

6.7Letters of Apology: The Case Manager is to discuss with the victim if there is anything they would like to be included/addressed in a letter of apology. They must then arrange a planned session to complete the letter of apology and forward completed letters to the victim.

6.8To be Updated on the Progress of the Order: Victims can choose to be updated on the progress of the order. In these circumstances we only share information in relation to the progress of the order (e.g. completion of elements of contract or requirements of an order). The victim is not entitled to be disclosed details of the offender.

6.9After the completion of any Restorative Intervention the case manager must send out a Victim Feedback Questionnaire to the victim (p.25). Business Support Service is responsible for scanning any replies into victim’s electronic file and recording the responses on the Victim Satisfaction Spreadsheet.

7.Referral Order Panels:

7.1Victim’s Attending Panels: Once it has been identified by the case manager, through the RJ Assessment, that a victim wishes to attend Panel, then the Case Manager must inform Business Support Service so they can allocate additional time for the meeting and inform Panel Members using the panel confirmation letter (p.24). The Case Manager is to liaise with the Youth Justice Service Panel Representative, prior to the meeting, and offer support if necessary. It is the responsibility of the Case Manager to ensure that the arrangements made for the victim to attend the panel are robust enough to ensure that there is no risk of re-victimisation. Consideration must be given to any potential contact with the young person and how this is to be managed.

7.2Those Victims not Attending Panel but who Have Agreed To Their Views Being Shared: Once identified by the case manager, through the RJ Assessment, that a victim wishes their views to be heard at the Panel, then the Case Manager must inform Business Support Service to allocate additional time for the meeting and inform Panel Members using the panel confirmation letter (p.24). The Case Manager and the Youth Justice Representative willagree who will share the victim’s views. If it is the Case Manager, they must make themselves available for panel. The Case Manager must contact the victim after the panel to share the views of the young person and parent, if appropriate.

1. Recording of Victim Contact

8.1See page 28 for the following process in Screenshots.

8.2Select ‘victim’ from ChildView Menu Bar (in Navigation)

8.3Business Support will have previously sent you the Victim ID number. Enter this number in the search box and press Go.

8.4Open the Victim screen by selecting the box with ‘the pen’ which is situated on the left hand side.

8.5Select the Victim Involvement tab which will open another screen. Click on the Process in the Victim Process box situated on the top right hand side.

8.6Enter theVictim contact details choosing from the drop down box. The comments box and the end is an open text box for you to add your own notes. Once completed select Save. The details of your contact will now show in the Victim process.

8.7The following key process stages are to be used when recording the nature of the contact.

1. Police Information Notice

9.1A Police Information Notice (PIN) is a letter from the Police to an individual who is subject to an allegation by another person that there has been one single incident which has caused them to feel alarmed and/or distressed but that the alleged behaviour has not yet formed a pattern of behaviour or a course of conduct as would be necessary to prove an offence under the Protection from Harassment Act 1997.

9.2A PIN can therefore be used to formally document concerning behaviour by young people towards victims. Staff must complete a Section 9 statement and submit this to the Police if they have evidence to suggest this.

9.3Further incidents will again warrant disclosure to the Police which then may lead to a decision by the Police to arrest the young person under the Harassment Act.

1. Notifications to Victim Liaison Unit

10.1If a young person is sentencedtoa custodial sentence of12 months or more for a serious violent or sexual offence, the case manager must refer the case to the Victim Liaison Unit (VLU) within twenty days of sentence. Once the case has been referred to the VLU, a Victim Liaison Officer (VLO) will be assigned andthe relevant information about the sentence and risk issues should be shared. The following is the agreed process for these referrals;

10.2It is the responsibility of court staff to highlight sentenced young people meeting the above threshold. Senior practitioners are then responsible for noting this in the weekly allocations meeting and confirming in the weekly allocations email that a relevant young person requires a referral to VLU.

10.3The allocated Case Manageris responsible for completing the referral form on page 31 and sending it to the VLU secure e-mail box as indicated on the form. The referral form should have the following copy documents attached:

• Pre Sentence Report.
• Indictment sheet or charge sheet (detailing the actual charge and offence).
• Witness statements.
• Any reports on victim contact and work undertaken prior to referral being made.

10.4TheCase Manager must keep the VLO informed of all key stages in the offender’s sentence and contact them again before the pre-release work begins.