Restorative justice and police complaints

Report: 13
Date: 12 July 2001
By: Clerk

Summary

Restorative justice has, to date, primarily been concerned with restoring the 'harm' done by a criminal act in which both victim and offender are brought together. Such a meeting would, typically, end with an agreement between the parties in terms of any reparation, eg: an apology, repayment of monies, voluntary work etc. A pilot programme has been run in Thames Valley to adapt the principles of restorative justice to the police complaints system. The Police Complaints Authority have published a report, "Restorative Justice and Police Complaints," on this issue.

A. Recommendation

Members are invited to note the contents of this report.

B. Supporting information

1. Restorative justice, in simple terms, is to do with restoration, i.e. restoring the harm done by a criminal act. In other words, restoration of the victim so that he or she can accept what has happened to them and move on from that experience, restoration of the offender to a law abiding society having seen and understood the damage caused, together with his or her responsibility for that damage. Restoration also to the community for the damage caused to its members.

2. The 'catalyst' of the restorative justice process is normally a facilitated meeting with an external mediator where all those who have a stake in what has happened get together. A typical meeting would involve both the victim and offender, together with any friends or family who may be relevant and who have been involved or are affected. These meetings only take place with the consent of all those involved.

3. During the meeting people will talk in turn about what has happened and how it has affected them. The objective is to identify the different aspects of harm done, to talk about individual experiences and to face up to the effects of the incident. A meeting will normally end with an agreement between the parties in terms of any reparation that may be required, eg: an apology, the repayment of money or some voluntary community work. The indirect reparation for the victim may be to separate the offender from the offence and gain an understanding of how the offence came to be committed. For the offender it is an opportunity to show remorse and make amends to the victim.

4. Research has shown a small positive effect on re-offending rates and a recognition by offenders that the process is a more painful and effective one than going to court. It is too early for there to have been any long term research in this area. It must also be seen as an available alternative and complement to the criminal justice system, rather than a replacement.

5. In terms of police complaints it is important to recognise that, because of the statutory framework, restorative justice cannot be used as a straightforward alternative to the formal complaints process. The complainant has a right to insist upon a formal investigation of his or her complaint. The process must nevertheless recognise the needs and expectations of the complainant, the police officer and the police service.

6. A complainant's needs and expectations can be varied and complex: most complainants want an effective response to their complaint. Whilst for some this may be retribution or compensation, for others it is an apology and some reassurance that their experience will not be repeated for others, ie: that lessons will be learnt.

7. A police officer's needs and expectations are similar to those of the complainant. He or she will be looking for an open, fair and speedy process. There are clearly many situations in which police officers can feel like a victim because they are complained about for doing his or her job. Complaints are an inevitable by product of policing the streets.

8. For the police service a quick and effective way of resolving complaints at source can also be a benefit. Individual police forces need a process, which will satisfy complainants and be supported by staff. In particular the police service needs a process, which will enable it to improve management and practice in the police complaints process.

9. In February of last year Sir Charles Pollard (Chief Constable, Thames Valley), local Police Federation representatives and the PCA met with Home Office representatives to discuss piloting a 'restorative intervention' programme in the four following situations:

• using restorative intervention as an alternative to formal investigation of a minor complaint suitable for informal resolution;
• following a situation when a complaint is investigated and restorative intervention is an alternative or additional closure to advice, written warning or a misconduct hearing;
• following an internal investigation, as an alternative or additional closure to advice or written warning or a misconduct hearing;
• using restorative intervention as an available disposal at a misconduct hearing.

10. Whilst broadly considered a positive step in dealing with certain types of complaints, the pilot programme is not due to be independently evaluated until the beginning of October 2001. The evaluation will involve a comparative study of complaints dealt with by restorative intervention in Thames Valley and a control group of similar complaints dealt with under normal processes in another police force.

11. A number of police forces have expressed an interest in the Thames Valley project and exploratory meetings have been held with both the MPS and West Mercia. The MPS are exploring the potential for both restorative justice and mediation with the Cabinet Office, PCA and Crown Prosecution Service (CPS) in the context of the 'Learning Lab' project, which is looking at ways of improving the police complaints process. It is also worth noting that the Government's white paper "Complaints Against the Police – Framework for a new system" envisages restorative justice and mediation as part of a new, strengthened Informal resolution process, re-titled 'local resolution'. This would be limited to allegations, which, if proved, would not lead to criminal or disciplinary proceedings.

C. Financial implications

There would be some financial implications if it was decided to use external mediators rather than internally trained staff.

D. Background papers

• Report to Professional Standards and Performance Monitoring Committee - Cabinet Office Learning Labs - 10 October 2000)
• Report to Professional Standards and Performance Monitoring Committee - Proposals to reform the investigation of complaints against police officers - 13 February 2001)
• Complaints Against the Police – Framework for a new system (HO paper)
• Restorative justice and police complaints – A report by the Independent Police Complaints Authority

E. Contact details

The author of this report is Alan Johnson.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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