This Manual is a guidebook for trainers who will lead and facilitate training on restorative justice to judges and public prosecutors.
Together with the Manual, the RE-JUSTICE consortium has developed a training package with handouts, video materials and additional resources, meant to support training on restorative justice to judges and public prosecutors.
The original Manual is too large for our website (19,2 MB), you can download it from here. Please use the original version to see the images and layout in good quality. A significantly reduced version is available for web-browsing below.
The annexes are available in their original format here below.
If you are also interested in any of the video-materials produced by the project, to further support the training on restorative justice for judges and public prosecutors, please get in touch with the European Forum for Restorative Justice at email@example.com.
- Partners and parameters of the project
- Why the RE-JUSTICE project?
- Summary of activities, milestones and outputs of RE-JUSTICE
- What's next? Sustainability and dissemination
- The manual for trainers produced in the project (Restorative justice for judges and public prosecutors — Manual for trainers) and its annexes (web and downloadable for printing versions).
You can also watch excerpts from training video materials produced in the project. The photos are taken on the first training events of RE-Justice organised for judges and prosecutors in Italy, Spain and Greece (summer - autumn 2021).
Partners: European Forum for Restorative Justice (Pan-European), Moderator Forum for Restorative Justice and Mediation (Belgium), Institute for Judicial Training (Belgium), European Judicial Training Network (Belgium), Universidad Carlos III de Madrid (Spain), Consejo General del Poder Judicial (Spain), Aristotelio Panepistimio Thessalonikis (Greece), National School of the Judiciary (Greece), Universita Cattolica del Sacro Cuore (Italy), Scuola Superiore della Magistratura (Italy).
Project coordinator: KU Leuven – Institute of Criminology (LINC)
Funding: With financial support of the European Commission
Duration: 30 months (extended until the end of April 2022)
Summary: In order to promote the effective application of the provisions of the 2012/29/EU Victim’s Directive, this training project on restorative justice targets the professional groups that for approximately 20 years have been identified by multiple European bodies and by previous EU funded projects, as presenting a need for training in this particular area.
The Victim’s Directive 2012/29/EU at Art. 12, par. 2, provides that EU Member States must facilitate the referral of cases as appropriate to restorative justice services, including the establishment of procedures and guidelines for such referrals. In addition, the Victim’s Directive explicitly requires ‘that those responsible for the training of judges and prosecutors involved in criminal proceedings make available both general and specialist training to increase the awareness of judges and prosecutors of the needs of victims’ (Art. 25, par. 2). Legal professionals should be enabled to recognise victims in their daily work and deal with them in an impartial, nondiscriminatory, respectful and professional manner’ (Art. 25, par. 1).
The development of new training programmes has been since then encouraged and called upon at European level, as of ‘paramount importance for the harmonisation and standardisation of procedures across the Member States and for ensuring equal treatment for European citizens’ - European Parliament Resolution of 30 May 2018 on the implementation of Directive 2012/29/EU. In particular, this resolution stresses the need to provide ‘training programmes and guidelines for all professionals involved in dealing with the victims of crime’, including public prosecutors and judges, in order to ‘prevent the further victimisation or secondary victimisation experienced by the victims of crime’ and ‘to provide victims with information about their rights and the services which they can access’.
More recently, the Council of Europe Recommendation CM/Rec(2018)8 concerning restorative justice in criminal matters, highlights again the role of judicial authorities in applying restorative justice and explains into detail the role of restorative justice in criminal justice systems: ‘Judicial authorities and criminal justice agencies should create the conditions, procedures and infrastructure necessary to refer cases to restorative justice services whenever possible’ – Rule 28. In the Commentary to the Recommendation (CM(2018)115-add2), it is recognised that ‘Many victims and offenders are being excluded from the well-evidenced benefits of restorative justice. This situation is partly caused by professional gatekeepers who are unaware or unsupportive of restorative justice. In many countries, judicial authorities and criminal justice agencies are not obliged to inform victims and offenders about their ability to request restorative justice, nor to refer potentially suitable cases to restorative justice services.’ As a result, this Recommendation states in Rule 42 that ‘Criminal justice professionals who refer cases for restorative justice should also be trained accordingly ’ and Rule 57 stresses the importance of awareness raising amongst judicial authorities with respect to the principles of restorative justice, ‘so that they understand these principles and are able to apply them in the course of their day-to-day work’.
As a matter of fact, even where the possibility to apply restorative justice practices formally exists in the country’s legislation, the effective implementation of such practices remains significant underused in a quantitative way (Dünkel et al., 2015).
In 2014, the research project JUST/2011/JPEN/AG/2977 (Developing judicial training in restorative justice: Towards a European approach) found that out of the 25 National Training Schools for Magistrates contacted in Europe, 22 still referred to ‘the lack of comprehensive restorative justice principles and practices as the main obstacle to organise judicial training courses’ on restorative justice (Varfi, Parmentier & Aertsen, 2014: 26).
For more information contact our project officer Silvia Randazzo: firstname.lastname@example.org