Jane Bolitho

The Magistrates Early Referral into Treatment (MERIT) Pilot Program: Court Outcomes and Recidivism

Abstract Diversion programs for drug offenders have proliferated in the last decade in the belief that treatment of underlying drug use will decrease an individuals criminal activity. The NSW Magistrates Early Referral Into Treatment (MERIT) program diverts adult offenders with significant drug problems, on bail, from the court to a 3-month intensive drug treatment program. This article reports on the criminal justice outcomes of the Lismore MERIT Pilot Program. Findings indicate that participants who completed the program were significantly less likely to reoffend, took longer to reoffend and received less severe sentences than those who did not complete the program. The reduction in reoffending is significantly associated with program completion even when other factors associated with recidivism are controlled for, including previous incarceration. Overall these findings contribute to the growing literature indicating that providing treatment for offenders with illicit drug problems can be an effective crime reduction strategy.

Putting justice needs first: a case study of best practice in restorative justice

Abstract This paper presents the findings of an empirical study into the process and outcomes of a post-sentencing, victim-centred, restorative justice practice (victim–offender conferencing) for victims and adult offenders convicted of serious crime in New South Wales Australia. Using victim–offender conferencing as a case study of restorative justice, a mixed-method approach was used to explore 74 of the 76 victim offender conferences completed by the Restorative Justice Unit between 1999 and 2013. This involved a reconstruction of completed cases (using documentary analysis of case files and in-depth interviews with original facilitators, 60 each); an ethnographic study of fourteen current cases using observation and pre- and post-participant interviews (twelve observations, 103 interviews); and a follow-up study exploring participant experiences five years later (32 interviews). With a 95 per cent ‘success’ rate, Toewss (2006) ‘justice needs’ framework is developed to explain motivations, experiences and outcomes for victims.

The Children’s Court in New South Wales

A specialist Children’s Court has been in operation in New South Wales, the most populous state of Australia, since 1905. With this longevity, some strengths have emerged including a body of specialist workers with a strong sense of the purpose and philosophy of the court. Yet challenges to both the operation and function of this court persist. This chapter draws from 45 semi-structured interviews and 10 focus groups to examine the problems and prospects of the court as viewed by those at the coalface: specialist magistrates, care and crime solicitors, nongovernment advocacy groups and officers in government. Features of the New South Wales court include the Children’s Court Clinic, which provides specialist clinical assessments in care and protection matters, and a Youth Drug and Alcohol Court, which offers a specialist pathway for some young people in the juvenile justice system. One of the greatest challenges in New South Wales is the inability of the system to navigate its vast geography to offer every young person the same access to specialist court officers, functions and programmes. As well, court workers spoke unanimously of the complex social disadvantage faced by the children and young people coming before it, of the overrepresentation of Aboriginal youth, and of the intersections between care and crime matters. However, court workers shared a sense of interest in and support for further court innovation and reform.

Inside the restorative justice black box: The role of memory reconsolidation in transforming the emotional impact of violent crime on victims

This paper is concerned with why and how restorative justice works to alleviate the emotional effects of crime on victims. It posits a new explanation for the ‘aha’ moment; the turning point seen in some, though not all, restorative justice conferences where longstanding, negative emotions and beliefs that have persistently dogged a victim since the crime event, affecting their ability to enjoy the same everyday activities as in their pre-crime daily life, are seemingly eliminated. Focusing on victim experiences, an in-depth analysis of 20 cases collected as part of an empirical study into post-sentencing restorative justice practice after serious crime shows how a typical restorative process can mimic the conditions needed for ‘memory reconsolidation’, a powerful and adaptive neurobiological mechanism that rewrites emotional memories. The findings suggest that the process of memory reconsolidation is a unique tool in the restorative justice ‘black box’. While the use of restorative justice within Western criminal justice systems is routine for juvenile offenders following minor crimes, greater attention should be paid to victim-focused models in the aftermath of crime experienced traumatically; these include post-sentencing practices.

Children's Court Magistrates' Views of Restorative Justice and Therapeutic Jurisprudence Measures for Young Offenders

Restorative justice and therapeutic jurisprudence measures have recently been introduced into youth justice systems. As gatekeepers to these measures, Children’s Court magistrates play a crucial role in their success. However, little research has been undertaken on magistrates’ views of these measures. This article addresses this gap by presenting results of interviews undertaken with Children’s Court magistrates in New South Wales, Australia. Our research suggests that magistrates are enthusiastic about the philosophy of both restorative and therapeutic measures, but are reluctant to embrace them if they consider them under-resourced, poorly understood and/or poorly implemented. The implications of these findings are discussed.

Science, art and alchemy: best practice in facilitating restorative justice

Abstract This paper explores the role and process of facilitation in restorative justice (RJ). Drawing from a victim offender conferencing program used after serious crime in New South Wales Australia, 84 interviews with restorative facilitators were thematically analysed. The skills, techniques and strategies used to prepare, conduct and de-brief cases are considered including managing complex cases where participants present with intense anger and grief, poor insight into offending and cognitive and mental health issues. While good facilitation is in part the result of knowledge, training and experience, the art of great facilitation relates to the interplay of the facilitator’s inherent characteristics, capacities and world-views alongside this knowledge, skill and experience. While facilitating well is premised on an appreciation of the alchemy that exists within RJ, advanced facilitators use the alchemy to shape the process. Good practice is further enabled through workplace structures that support a team approach where there is open deliberation around needs, risk and harm. Because good facilitation is paramount to the best practice of RJ this paper has implications for current policy debates concerning RJ standards and the training and accreditation of RJ practitioners.