Restorative Justice in the Netherlands

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Restorative Justice in the Netherlands

• Rob van Pagée
• Centre for Restorative Practices NL

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2- NL punitive state of mind

• In contraposition to a long cultural tradition of
  maintaining a mild penal climate, the
  Netherlands are now dominated by a widespread
  belief in the necessity to impose (severe)
  punishments

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3-For example Prison Population

• Detainees per 100.000 inhabitants
• 1975 17
• 1987 33
• 2002 95
• 2005 123 ( 82.000)

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4 -Victim support system

• The Netherlands have one of the best EU systems
  of victim support (BrienenHoegen, 2000)
• But adapted to criminal justice system
• Working with volunteers who are reluctant to
  propose a restorative meeting between victim and
  offender (Evaluation-report 2006)

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5- Restorative principles

• Personal responsibility
• Determining impact of offending
• Participation in resolving matters
• All effected in the circle
• Putting things right
• What happened?
• Who was affected?
• What can be done to repair the harm?

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The conference
4 Informal contact/ Integration
Social network
Social network
Family
3 Restorative plan
Family
2 Feelings and tougheds about what has happened
Offender(s)
1 Introduction, agreements It is about the
behavoir
Victems
Parents
Coördinator
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6 - RJ evaluation NL 2007 N542

• 8 persons in the circle
• 92 makes a restorative plan
• 95 participants contributed to plan
• 77 plans after 3 months done
• 20 partly
• 90 victims are satisfied
• 93 offenders are satisfied

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7 - EU Frame decision 2001

• article 10
• Each Member State shall seek to promote mediation
  in criminal cases for offences which it considers
  appropriate for this sort of measure.
• Each Member State shall ensure that any agreement
  between the victim and the offender () can be
  taken into account.

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8 - Victim-offender-talks (2007)

• The intended purpose is to serve only the needs
  of the victim (therapeutic)
• No implications for the criminal procedure
• Hoping for decrease of re-offending
• Excluding the possibility of negotiating a
  restorative agreement disempowers both victim
  and offender.

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9 - Family Group Conference 5 key elements

• An independent coordinator or convenor
• Time and resources for network searching
• Private time for the family group
• Agreeing family groups plan over any other
  possible plans where referral concerns are met
• Agency support for plan implementation

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10 - Arena for FGC

• Childcare and protection
• Health
• Schools
• Domestic Violence
• Correction Centres
• Community policies as housing issues
• Community Conferences
• Everywhere a decision is needed

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More and more conferences
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A long way to

• make room for Restorative Practices!