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OECS JUVENILE JUSTICE REFORM PROJECT/ JUDICIAL EDUCATION INSTITUTE (JEI)

OECS JUVENILE JUSTICE REFORM PROJECT/ JUDICIAL EDUCATION INSTITUTE (JEI) OF THE EASTERN CARIBBEAN SUPREME COURT MAGISTRATES CONFERENCE TRAINING WORKSHOP FOR THE CARIBBEAN LOOKING TOWARDS A NEW DAWN: DIVERSION IN JUVENILE JUSTICE 26-28 August, 2013 The Verandah Resort & Spa Antigua

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OECS JUVENILE JUSTICE REFORM PROJECT/ JUDICIAL EDUCATION INSTITUTE (JEI)

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  1. OECS JUVENILE JUSTICE REFORM PROJECT/ JUDICIAL EDUCATION INSTITUTE (JEI) OF THE EASTERN CARIBBEAN SUPREME COURT MAGISTRATES CONFERENCE TRAINING WORKSHOP FOR THE CARIBBEAN LOOKING TOWARDS A NEW DAWN: DIVERSION IN JUVENILE JUSTICE 26-28 August, 2013 The Verandah Resort & Spa Antigua Indian Town Road, Long Bay, Antigua and Barbuda Session 5 : Restorative Justice Facilitator: Hazel Thompson-Ahye LLM Merit Family Law

  2. RESTORATIVE JUSTICE RESTORATIVE JUSTICE – not mediation Originated as mediation or reconciliation between victims and offender –victim/offender reconciliation/mediation. Retributive justice: How do we punish this offender? Restorative justice: How do we restore the well- being of the victim, the community and the offender? Restorative justice- • roots in practices in ancient cultures before colonization; • addresses victims harms and needs, holds offenders accountable to put right the harm they have caused; • uses reintegrative shaming – for peace and healing. • 1974 Canadian probation officer brought 2 young offenders together with victims in victim/offender reconciliation meeting -agreed to restitution for vandalism. Encouraged by success, programme expanded.

  3. RESTORATIVE JUSTICE • Restorative conference: Definition • A structured meeting facilitated by a trained facilitator involving the offender, victim and their communities of care ,i.e. their supporters. Participants sit in circle and facilitator uses order of speakers defined in conference script- offender, victim, victim supporter, offender supporter- to ask each person a set of restorative questions. Facilitator then conducts discussion on what victim needs and how those needs might be met. 1991-Australian police officer, Terry O’Connell, adapted FGC to divert young people from court.

  4. RESTORATIVE JUSTICE Uses of restorative conference • Repair harm to the victim and community caused by wrongdoing; • Relieve the burden on courts when employed as a diversion from the criminal and juvenile justice systems; • Can be used pre-arrest, after arrest, pre-sentence and post-sentence; • Eliminate bullying and other school misbehaviour; • Reduce recidivism.

  5. RESTORATIVE JUSTICE Uses of restorative conference: By whom? Police – as warning or diversion from court Courts- diversion- alternative sentence process or healing event after court process Probation officer- as response to probation violations Correctional /treatment facilities-resolve underlying issues in conflict/disciplinary matters Colleges/universiites-residence halls incidents, disciplinary violations Workplace- address wrongdoing and conflict

  6. Restorative questions • Offender: What happened? • What were you thinking of at the time? • What have you thought about since the incident? • Who has been affected by what you have done ? In what way? • What do you think you need to do to make things right? • Victim: What did you think when you realized what had happened? • What impact has this incident had on you and others? • What has been the hardest thing for you? • What do you think needs to happen to make things right?

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