Restorative Justice

                                        Restorative Justice

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INTRODUCTION

Restorative justice is simply another way of countering crime based on ancient ways. Restorative justice can be defined as dealing with crime, the effects of crime, and prevention of crime. Criminal justice policy most parts of the world today, especially the United States, views punishment as a key response to crime. However, for those who advocate for restorative justice, crime is a lot  more than simply breaking the law; and rather, crime harms the individual victims, offenders,  communities, and relationships.

 Hence,  “Justice,” cannot be achieved by simply punishing the offender(s), or even by only providing services and treatment. Justice must focus on repairing the damage caused by the crime while guaranteeing accountability to the individuals harmed by crime rather than only to the state.

The restorative justice is a five step process. In accordance with the Sentencing Act of 2002, a restorative justice process can only begin after an offender pleads guilty to a crime. The  process involves a meeting between the victim and the offender, which is known as a ‘restorative justice conference’ which is facilitated by a trained member of the community.

The offendant has to take responsibility for their actions before the conference begins. It is a voluntary process, and both the victim and the offendant must take part in this process.

RESTORATIVE JUSTICE PROCESS

STEP 1; The Offendant Pleads Guilty

The offendant appears in court and pleads guilty to a criminal charge. The judge then decides to refer the case to see whether restorative justice can take place.

STEP 2; The court makes a restorative justice referral

The court contacts the Ministry of Justice commissioned restorative justice provider to inform them that the court will be referring them a case and provides the victim and offender’s contact information.

Step 3: The facilitator assesses the offender

A facilitator hired by the Ministry of Justice reaches the offender to find out if they are interested in the process.

In case the offender agrees to take part in the restorative justice process, the facilitator will meet with him/her to see whether they are ready to take part and whether they deserve restorative justice.

If the offender does not want to participate in a conference, or the facilitator concludes the case isn’t applicable for restorative justice, the facilitator will speak to the court as well as the offender (or their lawyer) that the restorative justice conference will not be taking place. At this point, the restorative justice process ends, and the offender will be sentenced at their next hearing.

STEP 4; The facilitator assesses the victim

If the facilitator thinks the offender is fit and prepared to participate in a restorative justice conference, they will speak with the victim to see if they want to know more about restorative justice. 

If the victim agrees, the facilitator will meet the victim to see if they are interested in the restorative justice conference and to make sure the victim can be kept safe throughout the process.

STEP 5: The conference takes place

This is a casual meeting between the victim (and their representative), the offender, and offender’s support people and any other participants that have been agreed. The participants are there to discuss what the crime committed by the offender affected them. They also look to find a way forward, after all, that happened. After this, the facilitator writes a report, and any promises the offender made during the conference.