Saturday, 17 September 2011

What's in a Word?

The ramifications of the riots continue and I can't help noticing how many politicians have been talking about making those convicted of riot-related offences do certain things, like meet the victims. No doubt mindful of up-coming elections and criticism of his slow return from holiday, Mayor of London Boris Johnson was quite quick off the mark in telling Justice Secretary Ken Clarke that rioters should be made to repair the damage and meet the victims. Poor side-lined Deputy Prime Minister Nick Clegg said much the same thing in a speech emphasising that those convicted had to be made to face up to the consequences of their actions by meeting the victims. 

Now the concept of perpetrators of crimes meeting their victims has been around for a long time and pioneered by the Probation Service. Experiments in this area of work have variously gone under the name of Mediation, Reparation and more recently Restorative Justice. The idea has broad political support and the coalition government signalled early on their intention to encourage its development, dependent on resources of course. It has always been an important part of Ken Clarkes so-called 'Rehabilitation Revolution', so it shouldn't be surprising that the Prisons and Probation Minister Crispin Blunt recently announced some funding for a register of Restorative Justice Practitioners. He said:-

'Restorative Justice is a unique process that helps to repair the damage caused by crime as well as helping to stop offenders committing further crimes. It demands criminals take an active role in acknowledging the harm they have caused, as well as making amends.   'If we are to better tackle the rate of criminals who reoffend, and so bring down crime, we are clear that we must have robust programmes of both punishment and reform available to our courts.

'Making criminals see for themselves the consequences of their actions, as well as undertake tough punishments, can be an effective part of this; and crucially, this gives victims a say in how offenders make amends.'

What caught my eye was the tenor of the statement and choice of the word 'demands' coupled with 'making'. So here we have yet another politician talking tough in the wake of the riots and this time a government minister with departmental responsibility. The trouble is that the sentiments being expressed, involving as they clearly do that of implied compulsion, are completely counter to my understanding of the concept that underpins the restorative justice process. 

For it to be effective in its twin aims of encouraging the perpetrator to face up to the consequences of their actions and trying to heal the pain caused to the victim, it has to be a voluntary process on the part of both parties. Not only does it have to be voluntarily entered into, the whole thing has to be very carefully and sensitively arranged and moderated so as to avoid the possibility of it making a bad situation worse. It is definitely not something to be entered into lightly and it won't be suitable in anything like all cases, but where it is deemed appropriate and entered into with good faith, it has the capacity to change lives and help heal tremendous hurt. 

So, politicians please note. This is not a magic silver bullet solution to be imposed upon unwilling or unprepared convicted rioters. It is however a very potent process to be undertaken in carefully selected instances and administered by trained professionals.     

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