7/30/2019 Rj Cc Victims

1/2

G If you and the offender want to agree that

they will do things that cannot becomeformal conditions of their Caution, this isfine. They will become a voluntaryagreement between you and the offender,which they agree to in addition to theConditional Caution.

G If you and/or the offender decide that youdo not want a meeting, this same processcan take place by passing messages throughthe facilitator.

If I say no to restorative justice can theoffender still get a Conditional Caution?

Yes. The CPS will decide whether or not theoffender can be given a Conditional Cautionand, if so, what conditions are suitable.However, good reasons for agreeing to take partin RJ include:

G You are given the opportunity to have a say

in what happens to the offender and can askquestions you may have.

G You may also have the chance to receive an

apology and reparation from the offender.This will depend on the circumstances ofthe case and what you both decide.

G Your communication with the offender may

help you to put the offence behind you andreduce any fears you may have of being avictim again.

Restorative Justice

and the

Conditional Caution

what you need to knowforVICTIMS

The information in this leaflet is short andgeneral.

It explains what restorative justice (RJ) is andhow it can be used with a ConditionalCaution. You should read this leaflet together

with the general Conditional Caution leaflet.

Note: Restorative justice processes are alwaysvoluntary for everyone concerned. Offendersmay be given a Conditional Caution even ifyou decide not to take part in restorative

justice.

Can I bring someone with me to a restorativejustice meeting?

Yes. RJ meetings aim to give everyone affectedby a crime the chance to have their say. Thesemeetings can also work better if there are peoplethere to support you. This will give them theopportunity to say for themselves how they havebeen affected. The RJ facilitator will be able todiscuss with you who else could be invited tothe meeting. The offender will also have thechance to bring someone to support them.

What if I change my mind?

You have the right to change your mind abouttaking part in RJ at any time. The CPS wouldthen consider whether the offender can be

given a Conditional Caution and what theconditions should be.

If you have any further questions aboutrestorative justice or anything in this leaflet,

please speak to the person who gave you thisleaflet or to the RJ facilitator. They will help you

decide whether restorative justice is the right thingfor you. Further information about restorative

justice can be accessed at:www.homeoffice.gov.uk/crime-

victims/victims/restorative-justice/

Printed

by

BlackburnsofBolton,

01

204

550803

7/30/2019 Rj Cc Victims

2/2

What happens in a restorative justice meetingor conference?

G There is always careful preparation before a

meeting, to make sure that everyone knowswhat to expect and to make sure that themeeting will be safe for everyone. Takingpart in an RJ meeting is voluntary foreveryone involved.

G In the meeting the facilitator will ask

everyone to talk about what happened, andhow the crime affected them.

G When everyone has heard about the impact

of the crime, the offender, yourself and theother people affected will have anopportunity to talk about what the offendercan do to help make good the harm theyhave caused.

G When RJ is used to generate the conditions

of the Conditional Caution, the facilitatorwill be able to advise whether the thingsyou are discussing are suitable as formalconditions.

G At the end of the conference, the suggested

conditions are sent to the prosecutor whoworks for the Crown Prosecution Service(CPS) who has the final say aboutwhether the conditions you have agreedtogether are appropriate.

G It is possible for the CPS to suggest

alternatives to the conditions you havecome up with if it considers this necessary.

What is

Restorative Justice?

Restorative Justice gives everyone involved in acrime a chance to communicate about whathappened, the effect it had on them and what

can be done to repair the harm.

RJ can involve a face-to-face meeting (direct RJ)with you and the offender, chaired by a trainedperson (the facilitator) or, if you or the offenderdo not feel comfortable with that, messages toeach other can be passed through the facilitator(indirect RJ).

Why would I want to take part in restorativejustice?

Research suggests that RJ can be very helpful toeveryone involved, particularly victims of crime.

The majority of victims who choose toparticipate in RJ are glad to have taken part, andfelt that it helped them to feel better about theirsituation.

RJ can give you the opportunity to askquestions of the offender and can give you thechance to let them know the effect their actionshave had on you and anyone else.

RJ can also give you the opportunity to hold theoffender to account and to receive an apology.

You will also be able to communicate with, ordiscuss with, the offender what they can do foryou and/or the other people affected by thecrime.

Whats this got to do with a ConditionalCaution?

If it is decided that the offender in your case issuitable for a Conditional Caution, restorative

justice could take place either:

1) As a reparative condition of the offendersConditional Caution. This could take placewhere you have suggested that an RJ processwould (in itself) help to make good the harmthat they have caused you. The RJ processcould form one among a number ofconditions.

2) Alternatively, an RJ process could be used toallow you and the offender to generate theconditions of the Conditional Caution. If RJis used in this way, the process will takeplace before the offender is given theConditional Caution, so that all the peopleaffected by the crime can suggest suitableconditions.