Restorative Justice Conferencing in Australian Criminal Justice System

This research proposal explores the Restorative Justice Conferencing system in the Australian Criminal Justice System. It discusses the impact of the system on reducing crime rate, interventions, and amendments required. The literature review highlights the importance of victim-offender meetings and mediation. The research questions and hypotheses are also presented.

Assessment 1
Student name:
Student number:
Research Proposal Title: Australian Criminal justice intervention for Restorative
Justice Conferencing is face to face victim and offender meeting or mediation
Course:
Course convenor:
Word count:
1

Table of Contents
Research Proposal Title: .......................................................................................................................3
Overview-..............................................................................................................................................3
Literature Review..................................................................................................................................3
Intervention...........................................................................................................................................4
Research Questions:..............................................................................................................................5
Hypotheses:...........................................................................................................................................7
Reference list.........................................................................................................................................8
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Research Proposal Title:
Australian Criminal justice intervention chosen for Restorative Justice Conferencing is face
to face victim and offender meeting or mediation
Overview-
The restorative justice is a system by the victims of crime are assembled to think
about the ways to reduce the crime in the society. This meeting is generally held between the
offender and the victim of case. The discussion is held on how the crime has occurred at the
crime place. This discussion also involves all the material facts of the crime. The meeting is
done mainly to reduce the crime in future. It also discusses about the impact of the crime on
society rather than on the individual. This is because if a crime is committed then it not only
affects the victim but also deeply impacts the society. So, these crimes are discussed at the
societal level in these interventions(Burns & Sinko (2021)). This takes the criminal offence
more vital as compare to breaking law in the country by the criminals. This mainly aims to
transforms the criminals in the society so that the crime can be decreased in future by these
criminals. This also discusses about the crime impact on the society as well as the loss
suffered by the victims, community and the relationships. The restorative meeting is held
between the individuals who has suffered from crime and the child who has committed the
criminal offence. There are also various offences that is to be done by the adults who are also
included in these meetings and conferences. In Australia, the Australian criminal justice
system are the mediation between the victim and offender , conferencing along with circle
sentencing. It also makes the offender hold accountable for their criminal acts.
Literature Review
According to an article by BBC News in 2020, a young offender along with the victim
of the case is assembled in the conference hall. In the meeting, the offender was asked why
he did that criminal offence in the presence of the mediator. The mediator ask many other
questions. In addition to this, the victim also has the opportunity to ask to the criminal about
the criminal act. These are to be done with the aid of the workers of the restorative justice.
According to Scotland's justice minister it was said that the victims of crime must be capable
to face offenders who has harmed them(Donaghy, (2020)).
As per the view of Humza Yousaf in 2019, the victims should be able to tell offenders
about what effects of actions have on it. He also include that it would aid victims to recover
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in a a reduction in re offending. These meetings helps the victim to analyse about what was
the condition through which the crime was committed by the criminal in the case. This makes
the criminal also liable for their act along with making them accountable for the acts done by
them. These deals are to be held in front of the mediator of the case. Moreover, the mediator
helps in solving the case by giving the decision on mutual basis of justice. The dealings is to
be held with all the parties of the case along with the mediator. Moreover, the meetings is to
be set up by the mediators with aid that those individuals who are affected by crime,
offending or concerning nature and to who that have created the harm can fix the harm
which has been caused to them(Little, Stewart & Ryan, (2018)).
As per the report of Justice Select Committee, a case was discussed in the committee
where Paul Kohler was being attacked by a gang in the year 2014. The discussion concluded
that all the victims of criminal acts in England and Wales must has the chance to use the
restorative justice where one on one contact can be happened between the offender and the
victim of the case. This would provide more way to get the justice in the eyes of law to the
victim of the case. According to the Australian Study Assesses in 2021, the victims must be
assembled to the restorative campaign that are held by the governmental bodies of the
country. This helps in the resolution of the cases in shorter time period. It would also aid in
reduction of crime in the society.
Intervention
The interventions includes the referrals and the screenings, community-based
services, drug courts along with drug treatment by the components of criminal justice system.
There are various criminal justice policy solutions which aims to solve the fight between the
individuals. The interventions helps the victims to seek justice under the eyes of law in the
courts of the country. The enforcement system is to use restrain order, enhanced sanctions,
mandated system, monitory system, etc. The conferences are held for both the adult and the
young offenders. The conferences use to present an opportunity for young person to use the
duty for its actions along with seeing the first hand how its nature has affected others.
Moreover, the matter is applicable to the conference, level of violence involved, the
seriousness of offence, etc. Moreover, if the offender has to found to be certain and eligible
and agrees to enter in a conference could be organised with the applicable parties. Further
more, the conferences are held at various stages of the procedure which is to be run by police,
or juvenile justice agencies(Scheuerman & Keith, (2022)).
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The restorative justice options are also capable for adult offenders. There are various
jurisdictions who has piloted meeting for adults for several years. These jurisdictions are the
New South Wales, Victoria and South Australia. Further, the restorative justice conferencing
for adults is basically available at the time of pre-sentencing stage. The different conferencing
options which are currently accessible for both youth and adult offenders across Australia are
through these interventions of restorative justice system of Australia. The Young Offenders
Act 1997 also provides that the young offenders can also be sent to the conference for the
resolution of the dispute between the parties of the case. Moreover, an early Bureau of Crime
Statistics and Research (BOCSAR) studies the examination of the outcomes that comes from
the discussion in the justice conferences. A more recent study explains about the impact of
the New South Wales Young Offenders Act 1997 (YOA) on the livelihood which a young
offender would generate a custodial order that found about the YOA which had been an
effective in amusing both Indigenous along with the non-Indigenous young people from the
custody of the police. Moreover, the conferencing for adult offenders started in New South
Wales as the Community Conferencing for pilots of Young Adults. It also measures about
the trialled which was held in September 2005 for the adult offenders whose age is between
18 and 24 years in the Liverpool Local Court along with the Tweed Heads Local Court
Circuit. Moreover, it is now available to total offenders which is regardless of age that is
known as Forum Sentencing. The guiding roles of program is required to enhance the rights
and place of victims for the process of justice. It too promotes the active participation and
management of all the participants like victims, offenders and families which supports the
persons for both the parties of the case. Furthermore, a draft of intervention plan should be
sanctioned by the court of Australia because of which the offender uses the plan either before
to sentencing or after the sentence. These satisfactory completion of plan is advised to the
court, who could consider the result during sentencing and if the plan was portion of
sentence then the court could finalise this matter at any time(Wood & Suzuki, (2020)).
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Research Questions:
1) Whether the Restorative Conferencing Justice is helpful in reducing the rate of crime
in Australia?
2) Whether there is any amendments required in the restorative conferencing justice in
Australia?
Hypotheses:
Hypothesis 1-
H1- There is a significant impact of Restorative Conferencing Justice on reducing the rate of
crime in Australia
H0- There is no significant impact of Restorative Conferencing Justice on reducing the rate
of crime in Australia
Hypothesis 2
H1- There is a significant role of amendments in the restorative conferencing justice in
Australia
H0- There is no significant role of amendments in the restorative conferencing justice in
Australia
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Reference list
Books and Journals-
Burns, C. J., & Sinko, L. (2021). Restorative justice for survivors of sexual violence
experienced in adulthood: a scoping review. Trauma, Violence, & Abuse,
15248380211029408.
Donaghy, M. (2020). Restorative Justice for Cases of Sexual Violence: A Literature
Review. Brisbane Rape and Incest Survivors Support Centre (BRISSC).
Little, S., Stewart, A., & Ryan, N. (2018). Restorative justice conferencing: Not a panacea for
the overrepresentation of Australia’s Indigenous youth in the criminal justice
system. International journal of offender therapy and comparative
criminology, 62(13), 4067-4090.
Scheuerman, H. L., & Keith, S. (2022). Experiencing Shame: How Does Gender Affect the
Interpersonal Dynamics of Restorative Justice?. Feminist Criminology, 17(1), 116-
138.
Wood, W. R., & Suzuki, M. (2020). Are conflicts property? Re-examining the ownership of
conflict in restorative justice. Social & Legal Studies, 29(6), 903-924.
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