RESTORATIVE PRISONSTIM CHAPMAN

ULSTER UNIVERSITY

EUROPEAN FORUM FOR RESTORATIVE JUSTICE

CRIMINAL JUSTICE IS ATTEMPTING TO ACHIEVE OUTCOMES IT IS NOT DESIGNED TO ACHIEVE.

THE IDEAL

TO PROTECT THE PUBLIC BY REDUCING REOFFENDING

THROUGH A STRATEGIC AND EVIDENCE BASED APPROACH

THE REALITY IN BRITAIN

• 10.6 CRIMES COMMITTED (CRIME SURVEY) (REDUCING)

• 5.5M OFFENCES WERE RECORDED (INCREASING)

• 9% OF INVESTIGATIONS RESULT IN PROSECUTION (REDUCING)

• 87% OF THESE WERE CONVICTED (INCREASING)

• 32% CONVICTED OF INDICTABLE OFFENCES RECEIVED CUSTODY (INCREASING) IT WAS 25% IN 2000.

• 20% RECEIVED A COMMUNITY SENTENCE (DECREASING SIGNIFICANTLY) IT WAS 30% IN 2000.

• 17% RECEIVED A SUSPENDED SENTENCE (INCREASING SIGNIFICANTLY)

• THE AVERAGE LENGTH OF A CUSTODIAL SENTENCE IS INCREASING

• COMMUNITY SENTENCES HAVE A POSITIVE BUT NOT SUBSTANTIAL IMPACT ON REOFFENDING

• THOSE WHO RECEIVE A PRISON SENTENCE ENTER A WORLD WHICH WEAKENS THEIR CAPACITY TO TAKE THE

DIFFICULT PATH TO DESISTANCE. THE PERFORMANCE OF 46% PRISONS ARE OFFICIALLY LABELLED AS OF

CONCERN OR OF SERIOUS CONCERN. THIS A DETERIORATING RATHER THAN IMPROVING SITUATION. AN

INITIATIVE TO IMPROVE THE PERFORMANCE OF THE 10 WORST PRISONS. THE ACTION IS FOCUSED ON SECURITY

AGAINST DRUGS AND ABUSIVE BEHAVIOUR AND ON IMPROVING STANDARDS OF LEADERSHIP.

• THE AVERAGE PRISON POPULATION OF ENGLAND AND WALES IN 1999 WAS 64,770. CURRENTLY IT IS 82, 850.

AN INCREASE OF 28%

REFORM

AFFIRMATIVE ACTION

INNOVATION

- Doing the same things better

EXAMPLE

Action to improve specific practices in specific areas

CRIMINAL JUSTICE REFORM

INNOVATION

- Doing new things

EXAMPLE

Action to offer a robust alternative to custody

TRANSFORMATIVE ACTION

INNOVATION

- A different way of thinking

EXAMPLE

Action to engage with the lived experience of people

TRANSFORMATION

• DESIGN AND DEVELOP CHANGE ON EMERGING FUTURE POSSIBILITIES RATHER THAN THE

PROBLEMS OF THE PAST

• BECOME AWARE OF BLINDSPOTS IN THE SYSTEM

• THE DYNAMIC AND SYSTEMIC COMPLEXITY OF SYSTEMIC LIVED EXPERIENCE

WHAT QUESTION SHOULD A CRIMINAL JUSTICE SYSTEM ANSWER?

• HOW DOES OUR SYSTEM OF ADDRESSING THE HARM OF

CRIMINAL BEHAVIOUR SUPPORT AND STRENGTHEN THE

CULTURAL VALUES, THE SOCIAL RELATIONS AND THE

SOCIALISATION OF INDIVIDUALS SO THAT OUR SOCIETY

THRIVES AND OUR PEOPLE FLOURISH?

WHAT IS THE PURPOSE OF CRIMINAL JUSTICE?

TO UNDO INJUSTICE BY HOLDING PERPETRATORS OF CRIME

ACCOUNTABLE AND ADDRESSING THE HARM OF CRIMINAL

BEHAVIOUR HUMANELY AND JUSTLY.

WHAT THE CRIMINAL JUSTICE CAN DO

• BRING PEOPLE TO JUSTICE ACCORDING TO THE RULE OF LAW

• PROTECT HUMAN RIGHTS

• DETERMINE GUILT THROUGH DUE PROCESS

WHAT IT DOES NOT DO

• SERVE VICTIMS’ NEED FOR JUSTICE

• GIVE ORDINARY PEOPLE A VOICE AND LISTEN TO THEM

• ENABLE ORDINARY PEOPLE TO PARTICIPATE IN DECISION MAKING

• DEMONSTRATE ITS CREDIBILITY TO THE GENERAL PUBLIC

PRISONS CONTAIN THOSE ‘WHO ARE NOT FIT TO LIVE IN DECENT SOCIETY’

THE DISTINCTION BETWEEN IMMUNITY AND COMMUNITY (ROBERTO ESPOSITO)

MUNUS IN LATIN MEANS BOTH LAW AND A GIFT

To what extent does colonialism and ethnocentrism define what is decent society?

To what extent does the criminal justice system serve to

exclude and ‘quarantine’ those who are seen to carry

the disease?

To what extent has community become based upon identity and immunisation from the

threat of contamination by the ‘other’

STRONG COMMUNITIES DO NOT EXCLUDE

• MOST INDIGENOUS PEOPLE SEE HARM AS A THREAT TO RELATIONSHIPS AND AN

OPPORTUNITY TO STRENGTHEN THOSE RELATIONSHIPS.

• ALSO NOTICE HOW CORPORATE AND WHITE COLLAR CRIME AND MIDDLE CLASS CRIME IS

MANAGED.

• TO WHAT EXTENT IS THE OVER-USE OF EXTERNAL IMMUNISATION MECHANISMS WEAKENING

THE NATURAL IMMUNITY SYSTEM AND HINDERING PERSONAL AND SOCIAL DEVELOPMENT

THE CONCEPT OF JUSTICE

• THE SYSTEM’S APPROACH – PROFESSIONALS DOING JUSTICE ACCORDING TO THE RULE OF

LAW AND HUMAN RIGHTS

• THE RESTORATIVE APPROACH – CITIZENS UNDOING INJUSTICE ACCORDING TO THE

PARTICULAR EXPERIENCE OF INDIVIDUALS IN SPECIFIC CONTEXTS

THE CONCEPT OF COMMUNITY

• THE SYSTEM’S APPROACH – PROVIDING IMMUNITY OR PROTECTION FROM THAT WHICH

THREATENS

• THE RESTORATIVE APPROACH – ACTIVATING THE COMMON GOOD THROUGH RELATIONSHIPS

OF RECIPROCAL OBLIGATIONS AND RESPONSIBILITIES

A PRISON CAN BE A JUST COMMUNITY WHERE YOU CAN PRACTICE LIVING WITH OTHERS RESPECTFULLY

• CAN A PRISON PROVIDE BOTH SECURITY AND COMMUNITY?

• CAN THE WALLS ACT AS FILTERS RATHER THAN EXCLUSIONARY BARRIERS?

• CAN ACTING FOR THE COMMON GOOD BECOME MORE CENTRAL TO PRISON LIFE?

RESTORATIVE JUSTICE IS VALUE LED AND ACTION ORIENTED

• THE VALUE OF RELATIONSHIP IS BASED UPON RECOGNITION OF THE INTERDEPENDENCE AND

DIVERSITY OF PEOPLE AND NATURE.

• THE VALUE OF RELATIONSHIP IS ACTIVATED BY RESPECT AND RESPONSIBILITY.

• RESPECT ENABLES US TO REALLY SEE THE OTHER AS A PERSON NOT A PROBLEM.

• BEING AWARE OF THE OTHER PERSON’S VALUE, EMOTIONS AND NEEDS CREATES

RESPONSIBILITY TOWARDS THAT PERSON.

UNDERSTANDING PRISONERS RESTORATIVELY

• THE PERSON IS NOT THE PROBLEM, THE PROBLEM IS THE PROBLEM.

• NOT SEEING A PRISONER AS A COLLECTION OF RISKS TO BE MANAGED OR A CARRIER OF

PROBLEMS SUCH AS DRUGS OR MENTAL HEALTH.

• BUT

• A PERSON WHOSE ACTIONS HAVE INCURRED OBLIGATIONS OR DEBTS TO VICTIMS, TO THEIR

COMMUNITY, TO THEIR FAMILY, AND TO THEMSELVES WHICH THEY MUST ADDRESS DURING

THEIR SENTENCE.

OBLIGATIONS

• AN INQUIRY INTO WHAT OBLIGATIONS HAVE ARISEN FROM THE HARM CAUSED BY YOUR

CRIME AND YOUR IMPRISONMENT

TO YOUR VICTIM?

TO YOUR FAMILY?

TO YOUR COMMUNITY?

TO YOURSELF?

NEEDS ADDRESSED BY RESTORATIVE JUSTICE

HARM

+ ANGER

= NEED FOR JUSTICE TO BE RESTORED

HARM + FEAR = SAFETY TO BE RESTORED

HARM + SHAME = RESPECT TO BE RESTORED

HARM + ANXIETY = CONTROL TO BE RESTORED

NORTHERN IRELAND

PHASE 1

• TRAINED OVER 30 PRISON OFFICERS AND GOVERNORS

• NO SUPPORT IN THE PRISONS FOR RESTORATIVE PRACTICES

• CUTS IN STAFFING COSTS

PHASE 2

• TRAINED 30 OFFICERS OVER THREE DAYS AND 2 SENIOR STAFF OVER FIVE DAYS

• ADOPTED TWO CONCRETE OBJECTIVES

1. TO REDUCE THE NUMBER OF ‘ENEMIES’ THROUGH MEDIATION

2. TO DEVELOP A ‘RESTORATIVE LANDING’ THROUGH CIRCLES

FUTURE POSSIBILITIES

• TRAINING PRISONERS IN RESTORATIVE PRACTICES

• VICTIM INITIATED MEETINGS

• LINKED TO DESISTANCE – RESTORING THE RELATIONSHIP WITH ONESELF, RESTORING THE

RELATIONSHIP WITH FAMILY, RESTORING THE RELATIONSHIP WITH COMMUNITY.

WHAT ABOUT SECURITY?

DYNAMIC SECURITY

Good relations Less tension

Respectful communication and interaction

More information

Personal responsibility

Proactive assessments and actions

WHAT ABOUT OFFENDING?

DESISTANCE

Maturation Responsibility

Social bonds

Relationships

Pro-social identity and

narrativeRespect

People, even more than things, have to be restored,

renewed, revived, reclaimed, and redeemed; never

throw out anyone.

THANK YOU

KIA ORA

TJ.CHAPMAN@ULSTER.AC.UK