Restorative justice (RJ) programmes switch the emphasis from the need of the state (to enforce the law) to the needs of the survivor (to feel compensated in some way and come to terms with the crime).
RJ is less about retribution' - that is, punishing the offender. More about 'reparation' - repairing the harm caused.
RJ seeks to focus on two things:
The survivor (victim) of the crime and their recovery.
The offender and their recovery/rehabilitation process.
Key Features of RJ Programmes
Trained mediator supervises the meeting.
Non-courtroom setting where offender voluntarily meets with survivor(s).
Face to face meeting or remotely via a link video
Surviver explains how it affected them so offender can understand effects.
Active rather than passive involvement of all parties.
Focus on positive outcomes for both survivors and offenders.
Other relevant community members may be involved and explain consequences (e.g. neighbours, friends, family members).
RJ may occur pre-trial and may affect sentencing. It may be given as an alternative to prison (especially if the offender is young). RJ could occur while in prison as an incentive to reduce the length of a sentence.
Restitution is a monetary payment by the offender to the survivor for harm from the offence.
Financial - offender pays.
Practical - offender does repair themselves.
Emotional - support healing process by helping to rebuild the survivor's confidence.
Restorative Justice Council (RJC) sets and monitors standards, and supports survivors and specialists in the field.
The RJC promotes the use of RJ principles as a general way to prevent and manage conflict e.g. in schools, workplaces and communities.