The public tends to react instinctively against anything other than a custodial response to criminal offending, the president of the District Court, Paul Kelly, has said.
However, he said “acres” of research supports the view that short custodial sentences are “generally ineffective at rehabilitating people or even at deterring crime”.
“There is an emphasis now on trying to see if we can deal with offending behaviour in other ways, within the community,” said Judge Kelly, who mostly presides over the Children’s Court in Dublin, in advance of a conference on restorative justice.
He said the approach, which focuses on “repairing the harm from the point of view of the victim, rather than just punishing the offender”, is an idea found in many ancient codes, including the Irish Brehon laws, and one that is becoming embedded in criminal justice systems globally.
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In Ireland, a lack of public awareness and support, insufficient awareness within the judiciary and the legal profession, low uptake by victims, and a shortage of social workers to run restorative justice programmes are all issues restraining the use of the process, Judge Kelly said.
The system can involve structured voluntary meetings between victims and offenders and positive results for both parties, he said.
“Victims tend to be much more satisfied with the outcome. Their views have been listened to, and they feel they can understand what happened. Sometimes victims are wondering why me, why was I targeted, and face to face with the offender, those questions can be answered.”
For the offender, successful engagement can mean they benefit from the Probation Act or, where a sentence is imposed, a lesser term than would otherwise be the case.
The process is not used in domestic violence cases. “There is divided opinion as to whether it is suitable for use in sexual assault and rape cases,” Judge Kelly said. “In Ireland it is not, at the moment, generally speaking.”
He points out that Sir John Gillen, the former lord justice of appeal, in his review of the 2018 Belfast rugby rape trial, expressed the very strong view that, in certain circumstances, rape and sexual assault cases could be suitable for restorative justice.
Judge Kelly said the conventional view in Ireland was that restorative justice was not suitable for sexual assault and rape but it is used in other jurisdictions.
“It would need to be carefully explored. It may be possible in some cases, if appropriate processes are in place, with comprehensive support and protection for victims within any such processes, and buy-in from the victims.”
Simon Keating is co-ordinator of the Le Chéile project in counties Limerick, Clare and Cork, where mostly male offenders up to the age of 24 can take part in restorative justice programmes that include developing empathy for victims and, if suitable and agreed by both sides, structured meetings between offenders and their victims.
“We manage expectations, and don’t say there is a guarantee of healing, but generally 100 per cent of the restorative conferences I have facilitated have been very, very positive. Both the victims and the offenders have said very positive things about them,” he said.
Judge Kelly and Mr Keating will speak at the Le Chéile’s Restorative Justice Conference 2024 in Limerick on Friday.
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