Restorative justice:

• Changing the emphasis


  Historically a person convicted of a criminal offence would have been regarded as having committed a crime against the state

  In contrast, restorative justice programmes switch the emphasis from the needs of the state (to punish) to the needs of the individual victim (to feel compensated in some way and come to terms with the crime)
• Changing the emphasis:


  The aims set out above mean that restorative justice seeks to focus on two things:

  • The victim (or survivor) of the crime and their recovery. (The term 'survivor' is preferred.)
  • The offender and their recovery/rehabilitation process.
• Key features of the programme

  • Trained mediator supervises the meeting
  • Non-courtroom setting where offenders voluntarily meet with survivors
  • Can be a face-to-face meeting or conducted remotely via video link
  • The survivor is given the opportunity to confront the offender and explain how the incident affected them. This enables the offender to comprehend the consequences of their actions, including the emotional distress it caused
• Key features of the programme

  • It is important that there is active rather than passive involvement of all parties in the process wherever possible.
  • The focus is on positive outcomes for both survivors and offenders.
  • In addition, other relevant community members may have a role in the process, such as neighbours, friends, family members. They may all wish to explain the effects of the crime
• Sentencing


  Restorative justice may occur pre-trial

  • Could function alongside a prison sentence or as an alternative to prison (especially a young offender) or as an incentive to reduce the length of a sentence
• Restitution:


  • Restitution is seen as a monetary payment by an offender to the survivor for the harm resulting from the offence
  • Offender may make some financial restitution to the survivor which may reflect the psychological damage caused
  • Variations may involve the offender repairing damaged property themselves
  • Can be more emotional offender can support the healing process by repairing the survivor's confidence