Restorative Justice: A Process of Healing and Accountability

Running head: RESTORATIVE JUSTICE
RESTORATIVE JUSTICE
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1RESTORATIVE JUSTICE
Restorative justice (RJ) is a process whereby parties with a stake in a specific offence
collectively resolve the ways to deal with the aftermath of the offence and its implications for
the future.1 The stakeholders for this purpose is considered to be the victim, the offender, and
the community. The restoration in this process is referred to whatever dimensions of
restoration that matter to the victims, offenders, and communities affected by the crime.2 The
values promoted by RJ is not less significant and can be listed as healing, moral learning,
community participation and community caring, respectful dialogue, forgiveness,
responsibility, apology, and making amends.3 Indeed the process is central to RJ where the
voices of victims, offender, and community representatives are heard the loudest than the
lawyers. The elements of the process are a negotiation, agreement, dialogue, and
empowerment which gives a fair outcome in the satisfaction of the stakeholders in each case
and not by comparing the outcomes of like cases.
Victim-offender mediation can be taken a form by the RJ either through direct
contact between the victim and offender or indirect contact involving third parties. Similarly,
on the agreement between offender and their victim, restitution and reparation can also be
involved. The aims of the RJ can be highlighted into three main points- (i) satisfying the
victim by ensuring that the fear has been reduced and that they feel paid back for the harm
that has been done to them, (ii)engaging with the perpetrator to ensure that they recognise the
consequence to their action, have the chance of reparation, and the make an agreement in the
plan for restoration in the community, (iii)creating community capital to ensure the
increment of public confidence in the criminal justice system and other agencies that is
responsible to deliver a response to an anti-social behaviour.
1 Van Camp, Tinneke, and Jo-Anne Wemmers. "Victim satisfaction with restorative justice: More than simply
procedural justice." International Review of Victimology 19.2 (2013): 117-143.
2 Dancig-Rosenberg, Hadar, and Tali Gal. "Criminal law multitasking." Lewis & Clark L. Rev. 18 (2014): 893.
3 Ibid.

2RESTORATIVE JUSTICE
Comprehensively, RJ processes give an opportunity for an individually tailored solutions that
involves interactions between offender, victim and the community .This process gives
answers to the question of the victim on why they have been victimised and the further
information on the support they can get on this matter. Through this process the victims are
more likely to get an apology than at courts. In case of offenders, a unique opportunity is
offered that makes them realise and take accountability for the harm their offending has
caused.
Restorative Justice Processes in the Criminal Justice System
In the Criminal Justice System, RJ can take place at any stage of the process of the
justice that includes following the conviction or forming an integral part of any sentencing
disposal, mainly in the case of youths. As part of a diversionary process, it is currently
significant for the process to be used before the case comes to the court.
Similarly, Prosecutors are provided guidance on alternatives to prosecution for adults
and youths along with conditional cautions as a reference to s7 and 8 of the Code for Crown
Prosecutors.
Additionally, Standard 3 of the CPS Core Quality Standards encourages a speedy
reparation for victims and punish offenders or to rehabilitate by stipulating the use of out-of-
court disposals as an alternative to prosecution. In terms of adult offenders, prosecutors are
possibly more likely to contact RJ as part of a conditional caution in consideration of using
the reparative conditions. Additionally, Standard 3 of the CPS Core Quality Standards
encourages a speedy reparation for victims and punish offenders or to rehabilitate by
stipulating the use of out-of-court disposals as an alternative to prosecution. In terms of adult
offenders, prosecutors are possibly more likely to contact RJ as part of a conditional caution
in consideration of using the reparative conditions.

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Furthermore, with the intention of raising awareness of RJ amongst victims of crime, RJ was
included for the first time in the revised Victim Code that came into force on 10th December
2013. In addition to this, new section 1ZA was inserted by the part 2 of Schedule 16 of
Crime and Court Act4 into the Powers of Criminal Courts(Sentencing) Act5 that made
explicit for the court to use their power and impose an RJ requirement that allowed to defer
sentence post conviction for an RJ activity to take place. Alternatively, in order to make RJ
activity effective, the court might adjourn the sentence. Following the Crime and Courts Act6,
the presentence RJ is introduced through two separate projects where one is in the
magistrates' court that looks at the processes and other in 10-12 specific Crown Courts that
focuses on outcomes.
Similarly, since 2001 the Youth Justice Board has been promoting RJ that includes a
standard regulating RJ within its national standards and works with victims of crime. This has
widely been used in youth cases as part of a final warning or an intervention programme
following a final warning which is delivered by the youth offending service. Also, it can be
used as part of an order on conviction, such as Supervision order or referral order. In
restorative processes, a formal criminal justice disposal is not required by the public interest
which as a result make the processes effective and proportionate in response to low level
offending. Consequently, this can form part of an Acceptable behaviour that can help to
resolve offending behaviours in youth. The Criminal Justice and Immigration Act7 gives a
power to issue a youth conditional caution and gives another vehicle for the RJ approach.
4 Crime and Court Act 2013
5 Powers of Criminal Courts (Sentencing) Act 2000
6 Crime and Court Act 2013
7 Criminal Justice and Immigration Act 2008