Restorative justice

19 Mar 2009 11:09 AM

Prosecutors can play a greater role in breaking the cycle of offending and creating safer communities, SACRO's annual conference was told in Edinburgh today.

Solicitor General Frank Mulholland QC said the principles of restorative justice should be woven throughout the prosecution's response to crime.

"Restorative practices are not something to be set against what we might describe as 'traditional' forms of justice but rather that the principles of restorative justice should be, and are, woven throughout our response to crime and the perpetrators of crime.

"That does not mean that a restorative approach will be appropriate at every stage in the process or in every case. Yet the more we learn about crime, punishment and recidivism, the more we come to understand that traditional forms of justice are - at times - blunt instruments with which to tackle crime and its root causes.

"Against that background we cannot underestimate the value to society of seeking to divert our youngest offenders from a life of crime.

"There is a danger, however, that such approaches are undermined by a perception that they are soft options and offender focussed. Efforts to treat offenders fairly and the devotion of resource to tackle the causes of their offending are often criticised as overlooking the plight of the victims and communities harmed by their offending. But we know that that need not be the case with strong models of restorative justice placing the victim or community at the heart of the process, focussing on repairing the harm caused by the offender to the victim and the wider community."

The Solicitor General added that recently introduced Summary Justice Reform, allowing Procurators Fiscal to use alternatives to prosecution, including fiscal fines and work orders, will help to tackle the wider problem of offending while freeing up resources to tackle the most serious crimes.

He continued:

"At the heart of these reforms is a fundamental shift in the way prosecutors take decisions; a shift towards asking what action should be taken rather than whether there should be a prosecution. This shift in emphasis encourages prosecutors to think more openly and more creatively - and to consider court proceedings as only one of a number of actions they could take with restorative options, including diversions from prosecution, compensation offers of up to £5,000 and work orders of up to 50 hours unpaid work in the community

"It goes without saying that to maintain public confidence, we must be uncompromising with serious crime and respond with serious action."

Related Information

http://www.copfs.gov.uk/