Police, Crime, Sentencing and Courts Bill

Baroness Meacher Excerpts

Report stage
Wednesday 12th January 2022 Lords Chamber

Moved by

[Baroness Meacher]

103: After Clause 172, insert the following new Clause—
“Restorative justice
The Secretary of State must, every five years— (a) prepare an action plan on restorative justice for the purpose of improving access, awareness and capacity of restorative justice within the criminal justice system,(b) publish a copy of the action plan, and(c) publish a report on progress in implementing the previous action plan.”

[Baroness Meacher (CB)]

My Lords, Amendment 103 seeks to ensure that the regular action plans on restorative justice provided by the Ministry of Justice until 2008 be restored and also that they should be published and a report produced on progress on the previous action plan as well. It is a more modest amendment than the one I moved in Committee. At that point, we wanted the Government to produce action plans every three years; we are now talking about every five years, which at least reduces the pressure on the department. The amendment would be an enormous improvement on the complete absence of national leadership on this issue since 2018.

But, first, what is restorative justice? It is an interpersonal approach that enables people who have been a victim of criminal or other harmful behaviour to meet the perpetrator, generally face to face, and others closely involved in the case to ask questions of that perpetrator and express how the incident affected them personally. It also enables perpetrators to express what was going on for them when they committed their crime or whatever they did and also to listen and understand the personal impact of that action, so that something that was a very impersonal action turns into something very personal. That is in fact a very important point.

Restorative justice is very much a voluntary process. No one is forced into it—both the victim and the perpetrator have to want to go through it. It can also go alongside other criminal justice activities or procedures. It is highly cost effective; for every pound spent on it, £8 are saved for the criminal justice system. That seems a very good reason for the Minister to take this amendment very seriously, as I hope he will, albeit I will not press it to a vote.

Why do we need the amendment included in this legislation? Every PCC area in England and Wales has a local restorative justice provider which takes referrals for restorative justice. Youth offending teams have a member of staff who leads on it. The victims’ code of practice from 2020 entitles every victim of crime to be informed about restorative justice and have access to it. However, this is simply not happening. The Office for National Statistics data showed, I think in 2020, that only 5% of victims are aware of being told anything about restorative justice at all. I hope the Minister will agree that that really is not satisfactory when these victims have a right to that information.

This problem seems to be driven by a lack of strategic direction from the centre. That is the whole point of this amendment. Also, the Ministry of Justice ceased to provide any funding to PCCs to support these important services. Before introducing the PCSC Bill, the Government published a White Paper highlighting the importance of restorative justice:

“We believe restorative justice is an important part of the justice system and has significant benefits both for the victim and for the rehabilitation of offenders.”


That is absolutely right. We know that reoffending drops by 14% if people have been involved in restorative justice. That is where the £8 saving for every £1 spent comes from. The White Paper went on to refer to opportunities to increase the use of restorative justice by using deferred sentencing and setting restorative conditions as part of out-of-court disposals.

Despite all this, restorative justice has been absent from the Bill. Can the Minister explain why it was promoted in the White Paper but does not feature in the Bill? I hope he will want to put this right. The amendment is relatively minor in its impact on the Ministry of Justice, yet it could have really far-reaching impacts, both for victims and for perpetrators. I hope the Minister will look favourably on Amendment 103.

[Lord Cormack (Con)]

My Lords, I made a very brief reference to restorative justice in one of our debates on Monday. I am glad to have an opportunity to comment briefly on the amendment just moved by the noble Baroness, Lady Meacher. I agree with her wholeheartedly. We should always do everything we can to keep people out of prison; to repeat myself from Monday, although sending people to prison is the punishment and the aim is rehabilitation, it does not always work like that. I know that from experience in my former constituency, which had a very large prison—Featherstone—and a young offender institution at Brinsford just a mile or so away. I believe a lot of the young people in Brinsford would have benefited enormously by not going to prison and would have benefited from restorative justice.

I became totally convinced in this view when I had the privilege to be the chairman of the Northern Ireland Affairs Committee for the last of my Parliaments in the other place, 2005 to 2010. I saw at first hand the effect of restorative justice in Northern Ireland, and a lot of young people who would perhaps have gone on to a long life of crime were rehabilitated and came to terms with their victims. As the noble Baroness said, there has to be agreement from both sides, as it were, but it was wholly beneficial in a vast number of cases.

Following the White Paper to which the noble Baroness, Lady Meacher, referred, it seems very strange indeed that there is no provision or recognition in the fairly massive Bill before us. One of my criticisms of the Bill is that it is too long. It should be three Bills rather than one—but that is another story and we have touched on that in the past. But although the noble Baroness, Lady Meacher, said that she will not press this to a Division—I do not dissent from her on that—I hope nevertheless that my noble friend the Minister will be able to make some favourable and encouraging comments about the importance of restorative justice and its place in the criminal justice system.

--- Later in debate ---

[Lord Wolfson of Tredegar (Con)]

I was saying absolutely the opposite and, if it came out wrong, it came out wrong. The whole point of restorative justice is that the offender and the victim have to consent. That is the point which I was making about crimes of sexual violence. The victim there should not feel under any compulsion or pressure to engage in restorative justice if they do not want to. Victim choice and free-will participation is at the heart of restorative justice. I hope that I have made that very clear.

[Baroness Meacher (CB)]

My Lords, I thank the Minister for the warm and encouraging words that we were asking for. Unfortunately, they do not give us any reassurance that there will be a restoration of some sort of national leadership on this issue. As I explained in my brief comments, this is what is missing and why restorative justice is languishing. He said that victims should have access to restorative justice, which is very difficult when only 5% of them are aware of being told about it. There is a major issue of lack of information, lack of understanding and lack of national leadership. This was a small suggestion to put these things right and I very much regret that the Government will not take it on. Having said that, of course I will withdraw my amendment.

Amendment 103 withdrawn.