Imprisonment and Restorative Justice

Working restoratively in prisons means approaching the crime as a social conflict in which a variety of parties are always involved. This concerns the prisoner, his/her social network (like family, partner, children, ...), the victim, and local community. Every restorative intervention, approach, practice or initiative in a prison environment always has a focus, to a greater or lesser extent, for these four stakeholders. 

In this course we will pay specific attention to the relationship between desistance from crime, restorative justice and imprisonment. However, prisons differ significantly from other social institutions, induce deprivations and have specific cultures and structures that influence practices and the behaviour of all those present. In this course, we shall draw some insights about the potential for restorative justice in relation to desistance from crime, but at the same time, interact with the structural and cultural elements that are part of daily life in prison. Nowadays, the prison population has evolved enormously and we are confronted with new crime phenomenon like radicalisation and violent extremism, in and outside prison. These topics will also be addressed in this course. For example, what is the potential of allowing restorative justice meetings in cases of serious harm, and how to make sure it is safe for victims and benefits them.

This is a course designed to prepare professionals to work restoratively on these four stakeholders or layers. It aims to focus on the lived experience of imprisonment and the participation of prisoners in restorative practices. It is informed by research and practice in the experience of prisoners of participating in restorative justice. Also, the insights, reflections of all other stakeholders are taken into account in this course. How can a prison officer, case manager or prison governor work restoratively? How can the local community be involved? Or how to work restoratively with the children of the imprisoned father? Or how to support victims entering prison to engage in restorative practices? 

Module 1 - Understanding prison realities

In prison, the context, culture, structure influences every aspect of living or working in prison. We will combine personal experiences with scientific knowledge and work with the narratives of prisoners, as well as with these of the participants.

Module 2 - Restorative Justice: transcending the prison walls

Prison and RJ have a challenging relationship. We will analyse the risks, possibilities, and opportunities of RJ as a concept with values, standards and practices in a prison society. We will address the question of why restorative justice in prison can be of interest of all stakeholders in prison.  We will pay attention to the perspective of the prison governor, prison staff, social organisations, visitors, victim and local community.

Module 3 – Working restoratively with social network & victim in prison

We will work on the dynamics of establishing restorative practices in prison for offenders, victims and the social network. We will pay specific attention to children of imprisoned parents.

Module 5  - Restorative justice & violent extremism in prison 

In cases of violent extremism, restorative justice has been used to provide concrete responses to the direct parties affected (e.g. victim-offender mediation), and sometimes to support the wider peacebuilding process in a certain community or country (e.g. through restorative circles). We will give insight in how to work restoratively in these specific crime phenomenon in prison.

• understand the different experiences of working and living in a prison setting and  be able to deal intellectually and emotionally with the prison context, as well as with restorative justice and its practices. 
• identify all stakeholders perspectives (victims’, offenders´ and prison officers´ and children of imprisoned parent), challenges and needs and to understand why and how restorative practices can take into consideration them;
• be able to design and promote restorative practices in prison adapted to the national reality of each participant;
• better understand how restorative justice responds to the (justice, safety, and other) needs of victims and will help to make a better offer/assessment/referral of victims for restorative justice services.

• professionals who design restorative justice programmes and services (in prison)
• restorative justice practitioners & facilitators (working in/outside prison)
• professionals or volunteers working with prisoners in general
• professionals or volunteers working with the social network (children, family, etc.) of prisoners
• professionals of the prison administration, prison governors or prison staff
• policy makers around restorative justice and prisons
• victim support organisations
• probation officers

Bart Claes, after completing his Master’s studies in criminology at the University of Brussels (Belgium), worked as a victim-offender mediator at the Flemish organisation Moderator. He introduced restorative justice and mediation in the two male high-security prisons and the female prison in Brussels. In 2012, Bart obtained a PhD in criminology at the University of Brussels. For his doctoral research he did an ethnographic research on the meaning of restorative justice and mediation in a Belgian prison. In 2015, he moved to Sheffield for two years to join the School of Law at the University of Sheffield on a Marie Curie Intra-European Fellowship on a European research project regarding desistance from crime and restorative justice practices in prison. In 2018, he was appointed professor on forensic care, restorative justice and prison studies at Avans University of Applied Studies in The Netherlands. Currently, his research group focuses on how restorative justice practices in prison can promote desistance from crime. He is also co-founder of the Dutch Center of Expertise on Children of Imprisoned Parents and is member, and former Board member of the European Forum of Restorative Justice. Currently he is also General Director of the Flemish organsation CAW, that among others, delivers forensic social care in all prisons in Flanders.

Roberto Moreno is the responsible officer for justice, prisoners and victims of terrorism at the office of the Ombudsman for the Basque Country. Until 2019 he was the Head of the Adults Justice Service of the of the Ministry of Justice of the Basque Government, coordinating the Victim-Offender Mediation Services of the Basque Country, also the Victim Support Services and the Probation Services. In the past he has 15 years´ experience defending prisoners’ rights in prison, legal advising, visiting at prison and struggling for their rights in different civil movements and NGOs. He supported as an adviser and expert the restorative encounters between ETA Basque separatist group members and victims in 2011-2012, he has disseminated the experience in Europe for a decade and he has facilitated new encounters since 2018. He has been a Board member of the European Forum for Restorative Justice (2014-2020).