Restorative justice for youths and their families

A restorative justice conference might not go ahead if the victim chooses not to participate, or if the offence has no direct victim, such as:

• driving offences
• drug-related offences
• public order offences (e.g. possession of a knife in a public space).

If this happens, an alternative diversion program  (ADP) may be designed for the youth.

Benefits of a conference for a youth

Participating in a restorative justice conference is voluntary, however, there are many positive benefits for all involved.

Restorative justice conferencing provides an opportunity for everybody involved to be heard and understood. It also gives the youth a chance to:

• admit to the offence
• accept responsibility for what they have done
• understand how their actions have affected other people, including their victim
• start repairing some of the harm caused by their offending behaviour to make amends
• start repairing relationships
• use the conferencing process to help change their future behaviour.

The conference process is designed to help youths learn from their actions, provide them support and try to keep them out of the justice system for good.

Research into adolescent psychology and reintegrative shaming has shown that restorative justice processes can be more effective at reducing reoffending than traditional justice methods.

To help reduce an overrepresentation of Aboriginal and Torres Strait Islander youth in the justice system, it is important to ensure a youth's cultural needs are met. The involvement of Elders and communities in the restorative justice process can connect a youth to their community and support a youth's cultural needs.

Family involvement

Facing up to what they have done and to those they have harmed can be hard for many youths. It is important that the youth participates with the support those who care for them, including their parents or guardians. The experience seeks to bring people together and can help strengthen these relationships.

Conferencing provides an opportunity for the families and significant people in the life of the youth to:

• actively participate in the conference and help to decide what the youth should do to make things right
• help the victim understand more about the youth
• help the victim recover from the offence
• identify ways to help the youth avoid trouble in the future
• support the youth in fulfilling their agreement
• better understand how the youth was feeling at the time
• find out about the issues associated with the youth's offending behaviour
• understand the impact of the youth's behaviour
• help the youth make better choices in the future.

Having family members attend the conference can provide a great amount of support for the youth. It is also an opportunity for family and kin of the youth to explain how this offence has ramifications beyond those directly involved with the crime.

While it may seem challenging, parents and family members who have taken part in conferences have overwhelmingly reported that they would recommend this process to a friend in a similar position.

Taking part in a restorative justice conference can help family members and carers to better understand the youth's action, how they were feeling, and what support is available. It is an opportunity for family to encourage the youth to accept responsibility and support them in their development.

Community involvement

When youths feel a sense of belonging and connection to their community, they are less likely to commit crimes.

Restorative justice conferencing can help youths strengthen their social and personal connections with the wider community. The conference is an opportunity for the youth to connect with the people affected by their behaviour and with people who may help them understand and address their behaviour.

A conference also allows for cultural and community input to ensure that the experience is appropriate to the specific community. For example, in Aboriginal and Torres Strait Islander communities, members of the local justice group or community Elders may be invited to participate.

As part of the youth's conference agreement, they can be driven to participate in activities in the local community that may help them to make or have an ongoing connection with their wider community.