Restorative Justice

Victoria Prentis Excerpts

Thursday 12th January 2017 Westminster Hall

[Victoria Prentis (Banbury) (Con)]

I am in an even worse position than my hon. Friend the Member for Henley (John Howell) in following superb speeches from all those who have spoken in the debate. They leave me with very little to say, but it is worth summing up by saying that we all know that restorative justice saves money by breaking the cycle of reoffending, and we all know that it plays an important part in victim recovery. What we have to do now is ensure that all those who need to benefit from it can benefit from it. I will try to find a few crumbs that have not yet been touched on.

It is always a great pleasure to speak in Justice Committee debates and to take part in the Justice Committee. Our report was particularly positive, as was the Government’s response, and that has not always been the case with our reports. We welcome that as a Committee, particularly given the importance of the issue.

My hon. Friend the Member for Congleton (Fiona Bruce) spoke about the prisoner perspective, and I would like to touch on the issue of victims. I draw the attention of those present to an excellent website organised by Why me?, representatives of which are present here today. It is a fantastic website. If people have 10 minutes later today or in the near future, it is worth a look. I will not read out any of the case studies, because Why me? specifically asks that that is not done, but it has excellent studies from victims’ ambassadors on the website. I encourage anyone who is not yet convinced or knowledgeable about restorative justice to look them up. The case studies make it clear that restorative justice helps a wide range of people, all of whom have had their own very different experiences of the criminal justice system. Some lost loved ones, but found that meeting the perpetrator helped them to come to terms with that loss. Other victims have seen their confidence restored from an open dialogue with the offender. That is a plug that I would make again and again; the website is worth while.

As my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) said, the Victims’ Commissioner is with us today. She is a brave lady and an example of the many people in this field who have made something really positive out of their own tragedy. She brought out a report on victims’ perspectives in November. One statistic that I highlight—I do not think it has been mentioned—is that only 4.2% of all victims of crime are offered restorative justice. That is a very small percentage, and I know that everyone in this room is working hard to increase it. It is clear that much more needs to be done to raise awareness of the benefits of restorative justice. Only with raised awareness will the uptake increase.

Another concern expressed by the Victims’ Commissioner that I do not think has been touched on is that restorative justice is often offered far too late. Nearly half of the victims in her review said that they were informed about restorative justice only after the offender had been sentenced, and that brings me to one of the major barriers to the provision of restorative justice, which sadly is the considerable pressures facing our prison service at this time. It is clear that used properly, early and often, restorative justice can help us to reduce the prison population by helping to reduce reoffending. At the moment, with the considerable difficulties experienced with prisons, prison officers have limited time for supervision and building up the relationships that we know aid rehabilitation.

It is even difficult at the moment to find sufficient staff to move prisoners to the rooms they need to go to for restorative justice sessions. The NOMS capacity-building programme that was launched in January 2012 included training delivered by Restorative Solutions. It had limited success because of the organisational changes and difficulties in the Prison Service. It may be unrealistic to expect major advances in restorative justice in prisons until the bigger issues of staff shortages and safety are tackled. Nevertheless, governors should be instructed to facilitate meetings wherever possible and to view that as part of the wider picture in reducing reoffending and the number of people in our prisons.

We are currently half way through the pilot on restorative approaches to conflict resolution in prisons. Would today be a good moment for the Minister to comment on the data that have come in to date? Otherwise, we will not hear for probably another year; I believe that the pilot is ending in the autumn and then responses will have to be collated. If possible, it would be helpful if he could comment on the material that has come in and the response of the Ministry of Justice to it.

There is a widespread lack of understanding of the benefits of restorative justice. We need to ensure that other parts of the criminal justice system, including the police, the probation service and other charitable organisations, play an increasing role in delivering restorative justice. We need to provide consistent solutions across the country, as the right hon. Member for Delyn (Mr Hanson) said.

At the moment, we find pockets of real success. I am glad to say that in my own area, as my hon. Friend the Member for Henley mentioned, the Thames Valley restorative justice service has been a leading light in the field. It recently celebrated its 15th anniversary and has worked closely with the Ministry of Justice throughout that time. It was one of the first organisations in the UK to be awarded the Restorative Justice Council’s restorative service quality mark and has, at its centre, a belief in a sense of fairness and inclusion. In its written evidence to our inquiry, which I found particularly helpful, it made it clear that a proportion of the service’s time is now rightly spent assisting other areas with restorative justice programmes, pointing out that,

“provision of RJ services is patchy and inconsistent across the country and different areas may be resourced to deal with different types and seriousness of crime. For example, some areas will work with sexual offences and some won’t, some prisons will support facilitation in such cases and some will not. Some areas appear not to be resourced to provide any RJ service provision whatsoever.”

Sharing best practice is essential. I welcome the Government’s commitment to work with police and crime commissioners, who will undoubtedly play a part in that, but I am not sure they can or should remedy the inequalities of provision all on their own. It has been helpful to have information on the spend of individual PCCs for the preparation of the report. I am glad that the Government are considering publishing those figures as we go forward, as well as, more generally, a progress report on the nationwide state of restorative justice. I would be grateful for anything the Minister can tell us about the frequency and detail of such publications.

Data sharing is a persistent problem, and I draw attention to the sections of the report that deal with that in some detail. We welcome the Government’s work in preparing a national data-sharing toolkit. That work cannot be done soon enough.

This is a positive report, with a positive response from the Government, but these are still very early days for restorative justice. I look forward to it becoming a fully integrated and properly used part of the criminal justice system.

[Richard Arkless (Dumfries and Galloway) (SNP)]

I see that I am starting four minutes late; with the snow gathering over the Ribble Valley and the west coast main line heading towards Dumfries and Galloway, you will no doubt be pleased, Mr Evans, that I will not be taking my allocated 10 minutes. There is no need for me to reiterate the comments that have been made, the extensive conclusions of the report or the positive response from the Government, but I will sum up, make some comments on the points that have been raised today and add a few brief points of my own.

I add my support to the praise from the right hon. Member for Delyn (Mr Hanson) for the Chair of the Justice Committee and my good friend, the hon. Member for Bromley and Chislehurst (Robert Neill). He steers the Committee very ably and I have been impressed with his work during my time in this place. He started the debate succinctly, describing this as an important issue, and he was right to say that this should always be victim-based, but that victims should never be forced to go through the process. He was also right to say—this was corroborated by other hon. Members—that awareness is absolutely crucial. I would add to his call for the Minister to explain how we can better improve the measure of the effectiveness of restorative justice.

The right hon. Member for Delyn, who brings a wealth of experience, made the point clearly that there is common ground and consensus. It is not often that the Justice Committee produces a report that has that consensus, and I think that the Government’s response corroborates that position. He also made the crucial point about awareness. He gave a very vivid description of somebody going about their life, having never been involved in the criminal justice system, who becomes a victim of crime. The prospect of that person being asked to meet the offender of the crime, without knowing anything about restorative justice or understanding what it is that they are going to be doing, could be counterproductive and might set things back rather than moving them forward—moving forward is the principle we are all striving towards.

The hon. Member for Henley (John Howell) talked vividly about the effects and reiterated some of the vivid evidence that we heard in Committee, particularly the phrase used by one victim that they felt they could go and “knock out Mike Tyson.” Although that was clearly a liberating experience for the victim and had a tangible confidence-building effect, perhaps that course of action might be counterproductive to what we are trying to achieve, although I think we all understood what she was trying to say. The hon. Gentleman made a point about consistency of approach and the fact that it is more widely used in the youth justice system, which I suppose is for obvious and good reasons.

The hon. Member for Congleton (Fiona Bruce), who is not a member of the Justice Committee, put us all to shame by explaining extensively all the constituency work she was doing on Christmas day. I did send a couple of messages but clearly did not work as hard as she did. I was very taken by the letter she received from her constituent who had been incarcerated, and I was struck by her point that the first step to rehabilitation is when an offender starts to understand the consequences of their crime, departs from the position of, “Well, they left their window open so they deserved it” and starts to understand how the victims feel. That is the first step in rehabilitation. It was a powerful point well made—but I urge the hon. Member to take some time off over the next festive season.

The hon. Member for Banbury (Victoria Prentis) said that, rather peculiarly, she was stuck for words, but clearly she never is. She was right to point out that the Government response was positive, and to criticise the fact that only 14% of victims are offered restorative justice.

[Victoria Prentis]

It is 4.2%.

[Richard Arkless]

Only 4.2%, which is a rather shocking figure, when Opposition parties, Government parties, Ministers, stakeholders and interested parties all agree that restorative justice has a crucial role to play. If we do not strive to increase that figure, we surely ought to feel a wee bit ashamed.

I am a progressive social democrat; I believe in rehabilitation and community justice, and I do not believe in short prison sentences. I believe that victims, wherever possible, should have the option of restorative justice across the criminal justice system, although it should never be compulsory. It can provide closure and can be the first step in the rehabilitation of offenders.

In Scotland, we use restorative justice across the criminal justice system. The procurator fiscal can even use it as an alternative to prosecution. It can be used from the point of arrest to the point of release from incarceration. Of course, it is not perfect and we still have much more to do, particularly on the point of raising awareness, and I think that point is the most powerful one to come out of today’s debate. It is all very well having a system of restorative justice, but if victims and offenders do not understand the principles and the process and embrace them with open arms and an open mind, it will fail to work. We have to increase the numbers, but we also have to dramatically increase awareness.