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The initial approach
Figure 6.1 shows the stages in the justice system where restorative justice may be available. Regardless of where a particular case is in the system – whether the offence is minor or serious, whether it happened within the last hour or took place many years ago – the restorative journey begins with the practitioner talking with both sides separately; usually, having an appointment with the person who has committed the crime first and then ideally arranging a home visit with the person harmed. Conventional wisdom in restorative justice circles suggests that the person responsible is contacted first so that the practitioner knows whether they are willing to engage before contacting those they harmed. This avoids re-victimising the person harmed – should they be interested in a meeting only to find that the person who harmed them refuses to engage. In reality, though, the information that the other party wants a meeting is equally potent, whichever comes first.
It is normally straightforward to make arrangements to meet with the person responsible, which can often be incorporated into their sentence plan or programme. Unless they are in prison, a meeting in their home can provide the practitioner with useful insights into their life, and potentially an introduction to other people who have been affected by their actions (parents, partner, siblings or other relatives).
Initial contact with people harmed by crime is more delicate and requires a careful approach. On entering the house of the person who has been harmed, the practitioner will introduce themselves, their agency and their role. They will cue into the person's demeanour and style, perhaps first asking questions or making comments that are unrelated to the offence, to ensure that they feel comfortable. Remaining receptive and alert to how the person is responding, they will then gently ask about the offence, but only if and when the person appears ready to share their experience. Coming straight out with ‘the person who committed the crime against you wants to meet you’ as the first thing you say (which I have witnessed happening) may not be the best technique.
Restorative enquiry
Belinda Hopkins, Director of Transforming Conflict, coined the term ‘restorative enquiry’ to describe the form of gentle and open questioning that is used in the initial interview with both parties.
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