Conditional Cautions and Restorative Justice

​One evening in December 2023, Brad was driving along a motorway when a car indicated to join the carriageway from a slip road, causing him to swerve and brake. Brad felt that the driver's actions were inappropriate which triggered his anger and he pursued the vehicle off the motorway until it stopped. Brad got out of his car and punched the wing mirror of Ned's car. Ned's teenage son was sitting in the passenger seat and both he and his father were distressed by Brad's actions. The Police were called and Brad was arrested and subsequently received a conditional caution for the damage. One of his conditions was to engage in a restorative justice assessment where he met with one of our facilitators to talk about what happened. He was also required to write a letter of explanation which was passed on to Ned. 

Both Ned and Brad were keen to meet in a restorative meeting; Brad wanted to apologise and explain the background that led him to act the way he did. Ned also felt partly responsible and recognised that his actions on that night may have contributed to what happened. 

After several preparation meetings, the two met face-to-face. They started with a handshake and then explained what happened from their perspectives. Both said that they learnt from what happened, and Brad apologised for his aggressive behaviour at the time and explained that it had been as a result of a number of difficult things that had been happening in his life prior to the incident. After the formal proceedings, the pair continued to chat with Ned saying later that the two men had more in common than they realised. 

Brad and Ned were very satisfied with the outcome of the meeting, each saying that they would recommend restorative justice to others. Brad also said that restorative justice is a healthy way to move on. 

All names have been changed.

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