Restorative Justice Research Influences Practitioners and Shapes Governments’ Policy on Victims and Offenders’ Rehabilitation
Submitting Institution
University of SheffieldUnit of Assessment
LawSummary Impact Type
LegalResearch Subject Area(s)
Studies In Human Society: Criminology
Summary of the impact
The research has influenced governments' policy and professional practice
in the development of
Restorative Justice (RJ) both nationally and internationally, through its
evaluation of the
effectiveness of RJ schemes in promoting rehabilitation of adult offenders
while also considering
the views of victims. Policy makers and practitioners have drawn on the
research evidence
specifically as regards the relative merits of two types of RJ
intervention: `conferencing' involving a
meeting of victim and offender with their supporters and with a neutral
facilitator; and `indirect
mediation' involving `shuttling' on the part of the mediator between
victim and offender. The
research has played a major part in the Ministry of Justice's
commissioning of sentencing options
in England and Wales, and has directly informed legislation implementing
RJ (the Crime and
Courts Act 2013).
Underpinning research
The research was funded by a Home Office/Ministry of Justice (MoJ) grant
of £1.3m to Professor
Joanna Shapland (Director) and colleagues at the University of
Sheffield between 2001 and 2008.
Those working on the research were Professor Jim Dignan
(2001-2007); Dr Gwen Robinson
(2002-2008); Anne Atkinson (2002-2007); Helen Atkinson
(2004-2006); Emily Colledge (2002-2005);
Lucy Edwards (2006-2007); Dr Angela Sorsby (2001-2008), Marie
Howes (2001-2007),
and Jennifer Johnstone (2001-2005). The research team included
staff employed by the Home
Office — Rachel Pennant (2001-2002) and Becca Chapman (2002-2004) —
together with Jeremy
Hibbert (consultant Chartered Accountant: 2001-2008), and survey company
NFO Europe.
Beginning in summer 2001, the research provided an evidence base on the
effects on victims and
reoffending of three RJ schemes: Justice Research Consortium (JRC: London,
Thames Valley and
Northumbria); CONNECT (London) and REMEDI (South Yorkshire). Building on
previous
experience which had been limited mainly to young offenders and less
serious offences, the
research was the first major evaluation in the world of the use of RJ to
promote rehabilitation of
adult offenders whilst also considering the views of victims. It also
provided the first direct
comparison of the relative merits of two types of RJ intervention:
`conferencing' involving a meeting
of victim and offender with their supporters and with a neutral
facilitator (known as `direct
mediation' where supporters are absent); and `indirect mediation'
involving `shuttling' on the part of
the mediator between victim and offender. In addition, the evaluation of
the JRC scheme was the
first major study of a randomised controlled trial in criminology in the
UK.
The research found:
- A majority of victims chose to participate in face-to-face meetings
with the offender when
offered by a trained facilitator;
- Over 80% of victims who took part were satisfied with the process and
outcome;
- Victims who took part were more satisfied with the criminal justice
response than those who
did not;
- Victims of more serious offences found it particularly helpful;
- Taking part in RJ conferencing reduced the frequency of re-offending;
- RJ conferencing was value for money, in that the savings in terms of
reduced re-offending
were considerably more than the cost of running the schemes (£9 savings
for every £1
spent).
The evaluation was conducted in four stages, each resulting in the
publication of a separate report
which fed back results to the schemes and informed on-going policy
development. The first stage
(2001-2003) involved following the schemes as they were set up, including
interviews with referring
agencies and scheme personnel [R1]; the second stage covered the main
operation of the
schemes (2002-2004), including observation of RJ meetings and final
interviews with referring
agencies and scheme personnel [R2]; stage three (2002-2005) involved
interviews with victims and
offenders [R3]; the final stage (2006-2008) examined re-offending over the
next two years, taking
account of costs of reoffending (in collaboration with the Economics Unit
in the Home Office to
develop new methods of measuring costs and undertaking cost-benefit
analysis) [R4]. The
conclusions and implications of the research were set out and further
explored in a journal article
[R5] and book [R6]. Professor Shapland was awarded the Outstanding
Achievement award of the
British Society of Criminology 2013 principally for this research.
References to the research
The research was funded by a Home Office/MoJ grant (£1.3m), `Evaluation
of Restorative Justice
Schemes' (Crime Reduction Programme), 2001-2008.
R1. Shapland, J., Atkinson, A., Colledge, E., Dignan, J., Howes, M.,
Johnstone, J., Pennant,
R., Robinson, G. and Sorsby, A. (2004) Implementing
Restorative Justice Schemes (Crime
Reduction Programme): A Report on the First Year. Home Office Online
Report 32/04.
(London: Home Office) (http://www.homeoffice.gov.uk/rds/pdfs04/rdsolr3204.pdf).
R2. Shapland, J., Atkinson, A., Atkinson, H., Chapman, B., Colledge,
E., Dignan, J., Howes,
M., Johnstone, J., Robinson, G. and Sorsby, A. (2006) Restorative
Justice in Practice:
Findings from the Second Stage of the Evaluation of Three Schemes.
Home Office Research
Findings 274. (London: Home Office) (http://www.homeoffice.gov.uk/rds/pdfs06/r274.pdf).
R3. Shapland, J., Atkinson, A., Atkinson, H., Chapman, B., Dignan,
J., Howes, M.,
Johnstone, J., Robinson, G. and Sorsby, A. (2007) Restorative
Justice: The Views of
Victims and Offenders. Ministry of Justice Research Series 3/07.
(London: MoJ)
(http://www.justice.gov.uk/docs/Restorative-Justice.pdf).
R4. Shapland, J., Atkinson, A., Atkinson, H., Dignan, J., Edwards,
L., Hibbert, J., Howes, M.,
Johnstone, J., Robinson, G. and Sorsby, A. (2008) Does
Restorative Justice Affect
Reconviction? The Fourth Report from the Evaluation of Three Schemes.
Ministry of Justice
Research Series 10/08 (London: MoJ) (http://www.justice.gov.uk/docs/restorative-justice-report_06-08.pdf).
Selected for summarising in Criminological Highlights, vol. 10.
no. 1, by the
University of Toronto for the Department of Justice Canada (only the most
important 50 or so
criminological/criminal justice articles each year worldwide are
included).
R5. Robinson, G., and Shapland, J. (2008) `Reducing
Recidivism: A Task For Restorative
Justice?', British Journal of Criminology 48(3): 337-358.
(Selected for summarising in
Criminological Highlights, vol. 9. no. 5).
R6. Shapland, J., Robinson, G., and Sorsby, A. (2011) Restorative
Justice In Practice (London:
Routledge).
Details of the impact
The research has had an unprecedented influence on government policy
makers and practitioners
in England and Wales, where there has been a significant shift towards
using RJ driven directly by
the research findings. The research has also had impact internationally.
(1) Influence on government policy and on practitioners in England
and Wales
The research has directly provided the evidence base for legislation to
promote pre-sentence RJ in
the Crime and Courts Act 2013 (s.44 and Schedule 16), whilst also
informing the government's
policy Action Plan and guidance to practitioners. In November 2012, Jeremy
Wright MP (Minister
for Prisons and Rehabilitation) wrote in the Foreword to the Restorative
Justice Action Plan for the
Criminal Justice System [S1]:
"When the Bill is enacted, restorative justice will then be accessible at
every stage of the
criminal justice process, from initial arrest through to prison, for those
victims and offenders
who are willing.
The benefits of restorative justice are well known by those working
within the sector. 85% of
victims who go through restorative justice conferences find it helpful.
For offenders who take
part in restorative justice, there is a 14% reduction in reoffending
rates. However, despite this,
restorative justice is not being used enough.
This action plan sets out a series of actions which the Government will
drive forward, with our
partners in the restorative justice field, to bring about real change in
the delivery and provision
of restorative justice across England and Wales."
At the end of the document, the source for `further information on the
evidence base for restorative
justice' directs the reader to the Restorative Justice Council (RJC)
website, which states [S2]:
"Restorative Justice Works
There is a strong and growing evidence base that restorative justice
meets the needs of
victims and reduces the frequency of re-offending.
The Evidence
The Government funded a £7 million 7 year research programme looking into
restorative
justice. In her independent evaluation, published in four reports (see
'Ministry of Justice
Evaluation' below), Professor Joanna Shapland found that in randomised
control trials of RJ
with serious offences (robbery, burglary and violent offences) by adult
offenders:
- The majority of victims chose to participate in face-to-face meetings
with the offender, when
offered by a trained facilitator;
- 85% of victims who took part were satisfied with the process;
- RJ reduced the frequency of re-offending, leading to £9 savings for
every £1 spent on
restorative justice."
The pathway to this policy action has included presentations to key
practitioners and policy makers
as well as direct advice by Professor Shapland, drawing upon the lessons
from the research.
The initial invited keynote presentations by Shapland include: 5th
Annual Conference on
Restorative Approaches (London, June 2008); Restorative Justice Consortium
Annual General
Meeting (London, July 2008); Independent Commission on Youth Crime and
Anti-social Behaviour
national conference (May 2011); Restorative Justice Council Annual
Conference (London,
February 2010). The RJC, formerly the Restorative Justice Consortium, is
the key practitioner
forum issuing guidance on RJ practice and is becoming the main path to
accreditation.
Shapland attended meetings and question/answer sessions with: Chief
Scientific Advisor to the
Home Office (London, July 2008); Youth Justice Board Strategy Group
(London, September 2008);
sentencers in Thames Valley (April 2009); Commission on English Prisons
Today (London,
November 2008); and senior civil servants from the MoJ/the Victim and
Witnesses Unit (London,
January 2009).
In December 2010, the Coalition government issued a Consultation Paper
which drew on the
results of the research in identifying increased opportunities to use RJ
approaches in England and
Wales [S3], accompanied by Green Paper evidence which directly quoted the
research [S4]:
"A joint Home Office and Ministry of Justice commissioned evaluation of a
number of
restorative justice pilots found that 85 per cent of victims who
participated in the restorative
process said they were satisfied with the experience. The evaluation also
found that when
looking at these pilots together, they were effective in reducing the
frequency of reoffending
(Shapland et al. 2008)."
The government response to the results of the consultation in June 2011
confirmed the value of RJ
approaches to victims and endorsed the research findings on this point
[S5]. The research formed
the basis of a BBC Panorama programme in November 2011, in which the then
Minister of State at
the MoJ, Crispin Blunt, confirmed that the government was developing
policy to provide RJ in
relation to both adult and young offenders [S6]. In 2012, the National
Offender Management
Service (NOMS) commissioned trainers to develop the expertise base across
the country to
undertake RJ in accordance with the recommendations made in the research
[S7]:
"Many victims say the best way harm can be repaired is through
participation in restorative
justice. We are proposing using restorative justice interventions at each
stage of the justice
system."
The research has influenced the RJC through regular briefings and
updates, with several chapters
of Restorative Justice in Practice being serialized in Resolution,
the Council's magazine for
practitioners:
"This seven-year study is the most important research evidence on
restorative justice (RJ) in
this country. The work has challenged some of the myths around RJ;
confirmed earlier findings
of the strong victim benefits from RJ; and provided new evidence of the
impact of RJ in
reducing re-offending, leading to cost-savings across Criminal Justice"
(Lizzie Nelson, Director
Restorative Justice Council, flyjacket endorsement of Restorative
Justice in Practice.)
Shapland has been responsible for drafting several sections of the Best
Practice Guidance for
Restorative Practice, which RJ providers are now expected to meet,
in her capacity as a member
of the joint Working Group of the RJC and the MoJ established to formulate
professional guidance
[S7].
Shapland was invited by the MoJ to join their Steering Group which met in
summer/autumn 2012 to
draft the government's Action Plan for the development of RJ policy and
practice. She was the sole
academic on the Group [S1]. The government also commissioned `train the
trainers' work in
2012/13 to increase national capacity to deliver the new plans for RJ in
England and Wales [S8].
Shapland continues to advise the RJC and MoJ on specifications for data
recording and monitoring
for the new provision of restorative justice.
(2) Influence on government policy and practice in other
jurisdictions and internationally
The research has influenced policy and practice in several jurisdictions.
In Scotland, Shapland
gave a keynote presentation on `Restorative Justice: the Research
Evidence' to the Scottish
Government Conference (Edinburgh, 21 February 2008), and contributed to
roundtable
discussions with policymakers (Edinburgh, 22 February 2009), with
discussion continuing into
2013. In Northern Ireland, the research was discussed with senior policy
makers and practitioners
(Belfast, 9 March 2011). The research has been referred to extensively by
the Republic of Ireland's
National Commission on Restorative Justice — this `important piece of
recent research' [S9]
providing the basis for the Commission's recommendation for nationwide
implementation of RJ
services by 2015.
The research informed the successful application by the European Forum
for Restorative Justice
(the European NGO for RJ schemes across Europe) for an EU grant
(2009-2011: 291,000E,
Shapland was on the Steering Group), to explore more widely schemes'
experiences with
conferencing and mediation. Shapland gave keynote presentations at the
Forum's 6th Biennial
Conference (Bilbao, June 2010) to some 600 practitioners, and the biennial
conference of Dutch
and Belgian police chiefs (14-15 May 2009), subsequently published in the
Dutch/Belgian series on
policing and practice.
Sources to corroborate the impact
S1. Ministry of Justice (2012) Restorative Justice Action Plan for the
Criminal Justice System,
launched during Restorative Justice Week, November 2012.
(http://www.justice.gov.uk/publications/policy/moj/restorative-justice-action-plan),
S2. Restorative Justice Council
(http://www.restorativejustice.org.uk/restorative_justice_works/#.UPVK7_LwuYE)
S3. Ministry of Justice (2010) Consultation Paper, `Breaking the Cycle:
Effective Punishment,
Rehabilitation and Sentencing of Offenders' (Cm 7972).
S4. Ministry of Justice, Green Paper evidence accompanying Consultation
Paper
(http://www.justice.gov.uk/downloads/consultations/green-paper-evidence-a.pdf)
S5. Government Response to the Consultation, June 2011 (Cm 8070).
S6. `Meet the Burglars', BBC Panorama programme, broadcast of 21st
November 2011 —
statement by Crispin Blunt (Minister of State at the MoJ).
S7. Restorative Justice Council and the MoJ, `Best Practice Guidance on
Restorative Practice',
(February 2011).
S8. National Offender Management Services (NOMS), Commissioning
Intentions Plan 2012/13,
Discussion Document p.12 (http://www.justice.gov.uk/about/noms/commissioning.htm)
and
Guidance for Commissioning Restorative Justice and Victim Awareness
Locally (Feb 2012).
S9. Republic of Ireland, National Commission on Restorative Justice, 2009
(http://www.justice.ie/en/JELR/NCRJ%20Final%20Report.pdf/Files/NCRJ%20Final%20Report.pdf)
para. 9.58, also 4.21-31, 9.25-35 corroborates that the research was
discussed, and
para. 11.37 that it provides the basis for the Commission's recommendation
for the
implementation of nationwide RJ services by 2015.