Restorative justice for judges and public prosecutors

Manual for trainers and annexes

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 info@euforumrj.org.

» Manual for trainers (original version)

 

RE-JUSTICE Manual for Trainers (web version)

This is a visually reduced quality version for web browsing.

Annex 1 Handout 1

Annex to the RE-JUSTICE Manual for Trainers

Annex 3

Annex to the RE-JUSTICE Manual for Trainers

Annex 2 Handout 2 PPT on Theories of punishment Module 1

Annex to the RE-JUSTICE Manual for Trainers

Annex 4

Annex to the RE-JUSTICE Manual for Trainers

Annex 5

Annex to the RE-JUSTICE Manual for Trainers

Annex 6

Annex to the RE-JUSTICE Manual for Trainers

Annex 7 - Impact and effectiveness of restorative justice

Annex to the RE-JUSTICE Manual for Trainers

Annex 8

Annex to the RE-JUSTICE Manual for Trainers

Annex 10

Annex to the RE-JUSTICE Manual for Trainers

Annex 11

Annex to the RE-JUSTICE Manual for Trainers

Annex 13 - Post-training questionnaire

Annex to the RE-JUSTICE Manual for Trainers

Annex 12 - Pretraining questionnaire

Annex to the RE-JUSTICE Manual for Trainers

Annex 15 - Guidelines for roleplay

Annex to the RE-JUSTICE Manual for Trainers

Annex 14 Case studies

Annex to the RE-JUSTICE Manual for Trainers

Annex 16

Annex to the RE-JUSTICE Manual for Trainers

Annex9_lecture Stakeholders of restorative justice

Annex to the RE-JUSTICE Manual for Trainers

What you will find on this page

  • Partners and parameters of the project
  • Why the RE-JUSTICE project?
  • Objectives
  • 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). 

Logos of the partner organisations in the RE-JUSTICE project

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.

Re-Justice Training event in Italy

Why the RE-JUSTICE project?

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).

Group photo of the particiopants at the RE-Justice training event in Greece

The RE-JUSTICE project aims thus at contributing to fill the existing gap and develop a specialised training on restorative justice, for judges and public prosecutors across the EU. The kind of training programme provided in the RE-JUSTICE project is of key importance in addressing the lack of information and of awareness about restorative justice, and in doing so achieving harmonised quality standards in all Member State, to make restorative justice accessible for all.
Focusing on the topic of criminal law and the implementation of the Victim’s Directive 2012/29/EU, the RE-JUSTICE training project targets the professional groups of judges and public prosecutors, that for approximately 20 years have been identified by multiple European bodies and actors, as presenting a need for training in this particular area.

As Bahr and Melum (2017:18-19) reflect upon, general and specialised training is seen as a key driver of the cultural change and creation of a new mind-set in the European criminal justice systems.


RE-JUSTICE is a project that aims at promoting, through training, a sustainable way to the process of raising awareness, building knowledge and developing skills and attitudes on restorative justice amongst the judges and public prosecutors, firstly and mainly in Greece, Spain and Italy and, ultimately, to contribute to the promotion of the same process at the 27 EU MS level.

Spanish Pilot Training in Madrid

Objectives

  • To formulate a competency profile on restorative justice – relevant knowledge, skills and attitudes – for judges and public prosecutors
  • To conduct an assessment of the training needs on restorative justice for judges and public prosecutors in Spain, Italy and Greece.
  • To design a training course on restorative justice that addresses the specific needs previously identified, using a blended learning approach.
  • To conduct a pilot delivery of the training course on restorative justice in Spain, Italy and Greece with the target groups of judges and public prosecutors.
  • To evaluate the pilot delivery of the training course in each of the 3 Southern EU countries
  • To disseminate the results of the evaluation and the final manual ‘Judiciary Training on RJ’.
Spanish Pilot Training in Madrid

Summary of activities, milestones and outputs of RE-JUSTICE

According to the European Commssion Study of the Best Practices in the Training of Judges and Prosecutors in EU Member States, the training cycle should always be composed by 4 steps or phases: 1) Training-needs assessment; 2) Design of the specific training objectives (directly connected to the identified specific needs); Plan and design the training programme; 3) Implement the training programme and 4) Evaluate the training delivered (Cooper, 2015:52). In our training project, these four steps or phases of the training cycle inform the main objectives and can be retraced in the main activities, milestones and outputs that you can follow below.

Competency profile (Dec 2019): a competency profile on restorative justice for judges and public prosecutors has been developed at the very beginning of the project. With “competency profile” we refer to the specific collection of knowledge, skills and attitudes that has been compiled for judges and public prosecutors in the European context, but with a particular focus on the needs of these professionals in Greece, Italy and Spain with respect to an effective implementation of restorative justice. Identifying a wide range of relevant knowledge, skills and attitudes, the competency profile is the foundation for developing a training curriculum on restorative justice for these two categories of professionals. It is also key when considering the need for harmonisation of quality standards with respect to the professional, respectful and safe treatment of victims according to the Victim’s Directive.

Assessment of training needs on restorative justice (January – July 2020): a guidance framework, based on the development of the competency profile on restorative justice, was provided for the training needs assessment of each professional group, in Spain, Italy and Greece. Using this guidance framework, the training needs assessment on restorative justice was conducted, meaning the identification of the gaps in the 3 EU Member States between the knowledge, skills and attitudes relevant for the competency profile of judges and public prosecutors on restorative justice and the currently existing knowledge, skills and attitudes about restorative justice in each of the two professional groups.

Focus groups with professionals from each of the two groups have been held (in each country, one focus group with public prosecutors, one with judges and a mixed third one), where data concerning training needs were collected and organised according to the competency profile, and a national report drafted for each of the three countries.

As a common result to the three countries, judges and prosecutors participating in the FGs showed a strong commitment and great interest into restorative justice. This resulted in some cases in follow-up contacts (via mail) and the exchange of relevant documents concerning restorative justice and victims of crime, especially EC Report on the implementation of Directive 2012/29/EU, EU Victims Strategy 2020-2025, CoE Recommendation 8(2018), UNODC 2020 Handbook on Restorative Justice Programmes in Criminal Matters. The interest raised during the focus groups was crucial not only in gathering high-quality information from the discussions, but also in ensuring the collaboration of judges and prosecutors in the following phases of the project, including in national meetings and in the large participation to the training on on Curriculum Design and Training Methodology and to the transnational workshop.

Training on Curriculum Design and Training Methodology (July 2020): 16 hours of online training have been delivered by KU Leuven to the members of the Consortium and to representatives, trainers, of the national schools for the Judiciary. The programme of the training covered: the theoretical background of blended learning and teaching, the design of blended teaching and learning, exploration of basic and advanced tools of blended learning and teaching; interaction, communication and assessment; the design, development and features of a MOOC; user engagement and role play scenario's; different tools used in blended learning.

Transnational report (Oct 2020): a transnational report, combining the findings of the needs assessment from Italy, Spain and Greece, has been drafted and shared during a transnational workshop, where not just consortium’s representatives but also other judges and public prosecutors from the three countries were invited to share their perspectives. The transnational report reflects the similarities and differences in the training needs for the professionals in the different countries. The majority of the training needs that arouse in the 3 countries were primary level needs, which means common to the two professional groups (judges and prosecutors). Additionally, the focus groups revealed that judges and prosecutors within countries often had similar learning needs. With respect to the primary level training, needs include 1) having knowledge of the material and procedural conditions for restorative justice; 2) having skills in the area of communication (e.g. communicating clearly with victims and the accused, and active listening skills) and; 3) having attitudes recognising the potential of restorative justice in addressing the needs of accused and convicted persons.

Report on Mapping of relevant issues (Oct 2020): a working paper titled “Mapping of relevant issues” has been produced (leading partner of this initiative, the Catholic University in Milan (UCSC), triggered by the perception of the need of a common understanding of (the use of) restorative justice in criminal matters according to EU, CoE and UN standards and regulations. The intention was to provide the partners’ group with a tentative list of critical issues as a basis for a common dialogue towards a shared awareness of significant topics, and shared proposals or solutions to be presented during the training activities. The working paper consists of an inventory of issues, legal questions, and problems raised by the cross-fertilisation of restorative justice and criminal justice. The document matches restorative principles and standards set by the UN, CE, UE with national criminal justice systems and EU legislation in the field of criminal justice and victims’ rights. The quest for harmonisation is particularly relevant in the frame of EU law, and it becomes even more necessary when dealing with a relatively new topic and a poorly regulated tool, such as restorative justice in criminal matters. The mapping exercise is included in the Manual ‘Judiciary Training on RJ’ and will soon be published together with all the training materials.

Design of training manual and training materials for judges and public prosecutors (Nov 2020 – July 2021): the training curriculum has been designed against the competency profile and the transnational report, based on the training needs emerged during the focus groups in Italy, Greece and Spain. Through a highly participatory process and the contributions of all partners, a Manual on “Judiciary Training on RJ” has been developed, which includes:

- A training programme in a blended format, which provides for 10 hours online and 20 hours face-to-face

- Guidelines for trainers on how to train restoratively

- The unpacking of the five thematic modules, with detailed instructions for trainers, reference to handouts and video materials for the trainees, exercises, group discussions, circle, icebreakers, and more

- A series of annexes, which includes:

  • Handouts for trainees on the several topics addressed during the training
  • Pre-training questionnaire
  • Post-training questionnaire
  • Case studies
  • Guidelines for trainers on how to conduct role-play
  • The report on mapping of relevant issues
  • Guidelines for trainers on how to conduct circles
  • Examples of additional exercises, assignments and icebreakers than the one proposed inside the Manual
  • Overview of learning needs expressed by the focus groups, learning outcomes and tools by module

The thematic modules in which the training programme has been divided are five, and each of them provides self-paced study (reading, watching video materials, …) online and face to face, interactive exchange:

  • MODULE I: The Emergence of Restorative Justice Within the Criminal Justice Context (3 hours online, 3 hours face to face)
  • MODULE II: Understanding Restorative Justice in Practice (1 hour 30 minutes online, 5 hours 30 minutes face to face)
  • MODULE III: The Stakeholders of Restorative Justice (40 minutes online, 5 hours 20 minutes face to face)
  • MODULE IV: Legal and Policy Framework (2 hours and 30 minutes online, 3 hours face to face)
  • MODULE V: Making Restorative Justice happen (45 minutes online, 3 hours face to face)

In addition to the Manual and the handouts mentioned above – which include video-lectures prepared by the RE-JUSTICE team, video materials have been produced and will be disseminated soon!

  • The European Forum for Restorative Justice, KU Leuven (LINC) and Moderator, with the collaboration of the Belgian National School for Magistrates (IGO), produced a video-documentary, divided in several clips/episodes, which includes direct testimonies from victims, offenders, judges, prosecutors, international stakeholders, and facilitators. It aims to provide a linear, comprehensive picture of what restorative justice is, including the role and work of public prosecutors and judges, the role of facilitators and trainers, and, above all, the central role of victims and offenders, and of the community around them. These video-clips will be released soon!
  • Each university partner – the Catholic University in Milan (UCSC), the University Carlos III in Madrid (UC3M), and the Aristotle University in Thessaloniki (AUTH) respectively – produced, with the support of video makers and technical experts, original videos with testimonies of various stakeholders, representations of restorative justice and messages of advocacy. They will be released soon!

Panel discussion at the EFRJ international symposium (June 2021): representatives of the Judicial Training Schools in the three countries of implementation, together with a former judge from Scotland involved in the promotion of restorative justice, joined in a discussion at the online international symposium last June 2021. The panel discussion focused on the specific challenges and peculiarities of training judicial actors on restorative justice. The successful discussion highlighted some key considerations with respect to providing sustainable judicial training, with emphasis on the direct experiences and perspectives of judges and public prosecutors, on their training needs and their crucial role in an effective application of restorative justice across Europe. Watch here the recording of the panel discussion!

Judicial training delivery in Italy, Spain and Greece (respectively July, October and November 2021):

From 19 to 22 October the training on restorative justice and public prosecutors was held in Madrid, Spain. 

The first in the room training on restorative justice for judges and public prosecutors in the context of the RE-JUSTICE project kicked off on 19th July in Italy, hosted  in the magnificent rooms of Castel Capuano, in Naples. Three days of exchange and experiential live learning for about 25 Italian magistrates were organised by the Scuola Superiore Della Magistratura (the Italian School of Magistrates - SSM) and the Catholic University in Milan (UCSC). The event was preceded by online sessions for the blended training experience.
In the month of November 2021 another pilot training in the context of RE-JUSTICE will be held in Thessaloniki, Greece, organized by the Greek School for Magistrates (ESDI) and the Aristotle University in Thessaloniki.

Panel Discussion at the Final Re-Justice Seminar in Leuven

What's next? Sustainability and dissemination

The successful participation of judges and public prosecutors in the training course on restorative justice, as well as their close involvement in the whole phase of training needs assessment, from the development of the competency profile on restorative justice, aims at creating the conditions to substantially increase the number of referrals to restorative justice processes in the 3 Southern EU Member States (Spain, Italy and Greece). 
In the long term, the close and successful collaboration with the National Schools of Magistrates in the three countries throughout the project, will allow the Schools to:

  • Continue to deliver the training course on restorative justice, as a sustainable continuous training model for judges and public prosecutors in those training institutions
  • To conduct ‘train the trainer’ events, as their trainers have participated from the inception in the design of the training course and preparation of the materials compiled in the manual ‘Judiciary Training on RJ’.

Furthermore, the Manual ‘Restorative justice for judges and public prosecutors - Manual for trainers’ and the training course is disseminated in order for other European National Schools of Magistrates to be able to incorporate the training course on restorative justice in their continuous training offer to judges and public prosecutors.
The Manual, produced in English, and will be soon available in Italian, Spanish and Greek, and it is disseminated through all partners’ channels, including the European Judicial Training Network website (EJTN).

A few events and major activities took place in the first half of 2022 – to evaluate the training delivered in the three countries; improve and finalise the Manual based on this evaluation; and organise:

  • A national advocacy event in each of the three countries, to disseminate the training materials and raise awareness on restorative justice, particularly among judges and public prosecutors (between December 2021 and January 2022)
  • One-day cross border workshop organised by the Belgian Training Institute (IGO), in Leuven (Belgium), in February 2022. The main objective was to discuss with a group of magistrates from different EU countries the training course on restorative justice and the training manual, to ask for their feedback, and needed adaptations when such training would be implemented in their country. This cross-border workshop would have the function of: 1) gathering feedback about the work done and further steps needed to export the training course to the different EU Member States and 2) dissemination of the training course on restorative justice among professionals from the EU
  • Final International Seminar in Leuven (Belgium), 31-31 March 2022: based on the testimonials of judges and public prosecutors who participated in the training (both as trainers and trainees) an event took place. It served as a platform to discuss what can be done next, what can considered the lessons learned in the project, e.g. a) on how the training course on restorative justice can be included in the continuous training offer of the 3 partner National Schools of Magistrates at the end of the project; b) how the training course on restorative justice can be used by other judicial training providers in the EU. 
  • Submission of article/s describing the overall methodology of the training project and main features of the training course on restorative justice future legal professionals in EU (and manual) in the Journal “Judicial Education and Training” of the International Organisation for Judicial Training (IOJT) (April 2022)
  • Submission of an article on the legal solutions of practical legal issues concerning the implementation of restorative justice in criminal justice systems in the frame of EU policies and new UN/CE recommendations, resulting from the participatory work done during the project, on The International Journal of Restorative Justice (April 2022)
  • Submission of an article describing the pilot delivery of the training course in the 3 Southern EU Member States (Spain, Italy and Greece) and respective evaluation results, on The International Journal of Restorative Justice (April 2022)
  • Presentation of the Training Manual, training materials, training videos and training programme on restorative justice for judges and public prosecutor at the EFRJ International Conference in Sassari (June 2022)

Photo: Panel Discussion at the Final Re-Justice Seminar in Leuven 31 March 2022. 

For more information contact our project officer Silvia Randazzo: silvia.randazzo@euforumrj.org