Restoring community harmony

Community Resolution was launched by Sussex Police in January 2011. An alternative to the Criminal Justice System, it uses the principles, methodology and techniques of restorative justice, writes HOT’s Zelly Restorick.

Restorative justice is defined by the Restorative Justice Council as “bringing those harmed by crime or conflict and those responsible into communication, enabling everyone affected by a particular incident to play a part in repairing the harm and finding a positive way forward’”

The International Institute of Restorative Practices states that healing, along with the re-integration of individuals into the community, and restoring harmony and balance, are more important than punishment.

The roots of the process lie in the tribal communities of Aboriginal or First Nation people of Australia and Canada, the Maori of New Zealand and the Native American tribes.

“In tribal communities, if wrong-doing is caused, the offender is accountable to the victim first, the community second and lastly, the state”, explained John Willett, Policy and Inspection Officer (Community Resolution) for Sussex Police.  “The tribal communities looked at crime as an injury that needed healing and putting right.  The victim has been harmed and this hurt needed repairing.”

In Community Resolution, both the victim and the offender need to be willing to be involved and the offender needs to admit their offence, to feel remorse and be willing to do something to make amends.

“Community Resolution is about doing the right thing for victims, when the full weight of the criminal justice system is not what victims want, in appropriate circumstances,” John explained. “Community Resolution can offer a more proportionate approach, which is different to existing retributive and punitive measures. The focus is on the harm done and empowering the person to do something about the harm they’ve caused.  One objective of Community Resolution is to restore and repair relationships and to re-integrate people back into their community. It is an agreement and, in the event of non-compliance, other existing criminal justice sanctions can be considered. It is not the answer to all criminal matters – far from it – but in the right circumstances, can offer benefits for victims of crime.

“Currently, mainly low level crimes are eligible for the Community Resolution process, such as theft, criminal damage, minor assaults, vehicle interference and minor public disorder offences.  It is an alternative to a court appearance, a caution, a reprimand, a final warning, a fixed penalty notice and an adult simple caution. More complex cases can be considered with supervisors’ authority, and also restorative justice as a methodology can be applied to cases post sentence. These are risk-assessed and delivered through multi-agency partnerships.

“If someone is arrested and taken into custody, this process doesn’t always provide the resolution that the victim wants,” says John. “Often people say that all they want is an opportunity to explain the impact of the crime or an apology or for the person to pay for the damage or sometimes, the victim wants to make a difference in the offender’s life.”

“It can throw someone to be asked ‘What do you want?’, when they are used to the police taking control of the situation”, explained Elize Shult, Community Resolution Co-ordinator for East Sussex.  “But we know from canvassing victims that Community Resolution provides one of the highest areas of public satisfaction.  People say it’s a return to common sense policing.  And the officers like it as well.”

The police are aware that they are not always the most appropriate people to facilitate Community Resolution – nor a police station always the ideal location –  and with this in mind, partnerships have developed with the Youth Offending Service, the Mediation Service, Sussex Pathways and various faith groups.

“Success is down to the process being followed with care and thought and awareness,” John explained.  “We don’t want to re-victimise the victim, who needs reassurance that it is a safe procedure.  If there is a meaningful process, delivered by well-trained officers, it can have a profound effect on the offender and the victim and others involved, affecting their lifestyle choices.”

I asked how we can tell that the person who has committed the offence is truly remorseful.

“It’s possible the offender might get involved for other reasons, maybe to please their parents or they might see it as an easy option,” replied Elize. “However, once they’ve committed to the process and if the script is adhered to – and because of going through the process and meeting the victim – positive psychological effects will take place.”

Community Resolution has been successfully used by officers in Hastings. For example, Dave Newman, a shop owner on the West Hill and a boy who shoplifted some beer from his premises went through the process.  They and the boy’s parents discussed the incident together and the boy paid back the money and worked in the shop.

“Often when shoplifters are caught, police take them away and that is the end of the it”, explained Dave.  “As a shopkeeper, you never feel satisfied.  I found it satisfying to get an opportunity to express my feelings.  There is a chance he took it on board and I feel that I achieved something.  He was getting a far better lesson than he would have got through the caution system”.

Another example is of two teenagers who sprayed graffiti in the Carlisle underground car park. The young men met with the council and learned about the consequences and costs of their actions.  They apologised and spent an afternoon clearing up rubbish on the West Cliffs.

“This is a really good idea… for the boys to meet those affected face to face,” said the mother of one of the boys.  “They learned more of a lesson than if they had received a reprimand. My son was pleased to be given the opportunity to say sorry and happy to do the work to make up for what he had done.”

Since January 2011, all front-line police officers have been trained in Community Resolution and around 7,000 crimes have been resolved using the process.

Alison Cooper, a resident of St Leonards, is hoping to work in the field of community resolution and restorative justice.  I asked her what drew her to this approach.

“I think the offender rarely thinks about who is on the other end of their crime – and they don’t want to think about it either.  So for many crimes and for many years, offenders can blank out the consequences of their actions and thus do not need to reflect on the right or wrong of what they do.  What I think restorative justice does, is bring back sharply into focus the human element of crimes and their effects.

“Everyone is interested in crime prevention, as we all want to live in a safe environment, but for me, restorative justice is about believing there is more to the criminal than just their crimes.  Hopefully offenders who have been involved in the restorative justice process will think more about the impact of their behaviour.”

Sussex Police are currently carrying out a post-implementation review.  Previous research has indicated the positive impact of Community Resolution on people re-offending.  The Restorative Justice Council states that two thirds of people leaving prison are re-convicted within two years.  Restorative justice is proven to reduce re-offending by up to half.

“Through the peacemaking process, an offender can come to feel better, especially when the person can say ‘I’m responsible, I’m accountable’,” says Robert Yazzie, former Chief Justice Emeritus of the Navajo Nation Supreme Court.  “That does a lot to the spirit, the mind and the body of those who participate in the process.”

Restorative Justice Council Website.

Community Resolution, Sussex Police Website.

International Institute for Restorative Practices Website.

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