Just an ‘optional extra’ in the ‘victim toolkit’?: The culture, mechanisms and approaches of criminal justice organisations delivering restorative justice in England and Wales
| Author | Rebecca Banwell-Moore |
| DOI | http://doi.org/10.1177/02697580221079993 |
| Published date | 01 May 2023 |
| Date | 01 May 2023 |
| Subject Matter | Articles |
https://doi.org/10.1177/02697580221079993
International Review of Victimology
2023, Vol. 29(2) 217 –235
© The Author(s) 2022
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/02697580221079993
journals.sagepub.com/home/irv
Just an ‘optional extra’ in the
‘victim toolkit’?: The culture,
mechanisms and approaches
of criminal justice organisations
delivering restorative justice in
England and Wales
Rebecca Banwell-Moore
University of Nottingham, UK
Abstract
Despite policy and guidance stating that all victims of crime should have ‘equal access’ to restorative
justice in England and Wales, victim participation remains low. Here, the ways in which criminal
justice agents – responsible for providing victim services, including restorative justice – offer
restorative justice to victims are explored. Drawing upon empirical data collected from criminal
justice organisations in two police force areas, this article outlines what factors lie behind the
inconsistencies found across police forces in terms of structure and delivery of restorative justice.
Work pressures, differing views of the suitability or effectiveness of restorative justice and a lack
of systematic guidance that underpins the work culture of criminal justice organisations all impede
victims’ access to restorative justice. This paper concludes with recommendations for embedding
a culture of restorative justice within criminal justice organisations based upon the principles of
inclusivity and engagement.
Keywords
Equal access, restorative justice, organisational culture, victim participation
Introduction
Since 2012, there has been significant governmental support in England and Wales in relation to
developing and expanding the use of restorative justice within the criminal justice process. This
Corresponding author:
Rebecca Banwell-Moore, School of Sociology and Social Policy, University of Nottingham, Law and Social Sciences
Building, University Park, Nottingham NG7 2RD, UK.
Email: Rebecca. Banwell-Moore@nottingham.ac.uk
1079993IRV0010.1177/02697580221079993International Review of VictimologyBanwell-Moore
research-article2022
Article
218 International Review of Victimology 29(2)
governmental endorsement of restorative justice is evident in the plethora of policies and guidance,
alongside financial investment, that have been witnessed since the adoption of the EU Directive
(2012). However, despite governmental endorsement of restorative justice as a justice mechanism,
in which the Victims’ Code of Practice (VCOP) 2015 (Ministry of Justice (MOJ), 2015) states that
all victims are entitled to ‘receive information’ on restorative justice, the number of victims who
actually get the opportunity to participate in a restorative justice intervention is minimal.
Research highlights that the recent governmental support of restorative justice as a justice
mechanism has not resulted in an increase in victim participation levels in England and Wales
(Office for National Statistics, 2021). Victim participation levels have remained stubbornly low
and vary nationally – victims are subjected to a ‘post code’ lottery when it comes to being pro-
vided with information on restorative justice. Low participation and offer rates raise several per-
tinent questions: why, despite the development and expansion of restorative justice within the
criminal justice process, do so few victims get the opportunity to participate in restorative justice?
Why are victim participation levels so low? How actually do criminal justice agents make the
offer of restorative justice to victims? And furthermore, do the ways in which the ‘offer’ is made
impact upon victim participation?
First, this paper will provide an overview of how restorative justice, since the adoption of the
EU Victims’ Directive (2012) is, in policy and practice, implemented and delivered in England and
Wales. This overview will illustrate how current policies and guidance have resulted in the patchy
integration of restorative justice within the criminal justice process. The ways in which criminal
justice agents responsible for providing victim services, including restorative justice, offer restora-
tive justice to victims will be explored. Drawing upon empirical data collected from criminal jus-
tice professionals across 13 criminal justice organisations in two police force areas, the factors that
lie behind the inconsistencies found across police forces in terms of structure and delivery of
restorative justice will be presented. The paper will argue that work pressures, differing views of
the suitability or effectiveness of restorative justice as a justice mechanism, and a lack of system-
atic guidance (that underpins criminal justice organisations’ work culture) impact on whether or
not victims are offered the opportunity to participate in a restorative justice intervention. The paper
concludes with recommendations for embedding a culture of restorative justice within criminal
justice organisations.
Restorative justice as a criminal justice mechanism
In 2012, the EU Directive (Directive 2012/29/EU of the European parliament and of the council)
established minimum standards on the rights, support and protection of victims of crime, and stipu-
lated that all victims of crime have the ‘right to receive information from the first contact with a
competent authority [...] [on] the available restorative justice services’ (European Parliament,
2012: 66). The Directive (2012) was implemented in England and Wales through the VCOP 2015.
Since the adoption of the Directive (2012), a number of instruments have been introduced to sup-
port the use of restorative justice as a justice mechanism. In November 2013, specific governmen-
tal funding (up to £29 million) was provided to Police and Crime Commissioners (PCCs) and
charities to help deliver restorative justice for victims over the forthcoming 3 years (2014–2016)
(MOJ, 2013).1 PCCs were expected to either develop or commission a restorative justice service in
their area to ensure that restorative justice was available to all victims of crime. Furthermore,
within the Crime and Courts Act (2013), the Anti-Social Behaviour, Crime and Policing Act (2014)
and the Offender Rehabilitation Act (2014), it was made explicit that courts can use their powers
To continue reading
Request your trial