Governmental Documents

As governments have adopted restorative justice programmes, some have created study commissions and other bodies to consider how to incorporate them in their justice systems.

A review of the Youth Justice System in Northern Ireland

from the report by the Department of Justice Northern Ireland: One of the most positive developments to have arisen out of Northern Ireland’s recent history is the expansion of rich and varied restorative practices. Restorative approaches have been used to respond to offending and anti-social behaviour, family disputes, disruptive behaviour in schools and children’s homes and in helping prisoners reintegrate back into their communities. Early teething problems have been largely overcome and professional practice in restorative justice in Northern Ireland is now internationally recognised.

Crispin Blunt on supporting victims and witnesses

In this 15 minute video from the Victim and Witnesses: Improving practice and provision conference held in London on 20 October 2010, Crispin Blunt outlines the government's plans to provide more support for victims and witnesses. He includes restorative justice services as a part of the recommendations.

McGinness, Anthony and Murphy, Peter. A strategic review of the New South Wales Juvenile Justice System.

In approaching this task, the Review consulted widely including representatives from NSW agencies, academia, the Non-Government sector, other jurisdictions and with members of the Government and Opposition. Members of the public also made a range of submissions that were considered by the Review. The Review spoke with young people who were caught up in the juvenile justice system – this provided a very different perspective. A key task of the Review Team was the development of an evidence base to understand leading practice in Australia and overseas. This report consequently provides a comprehensive description of juvenile justice more broadly and more specifically about how it operates in NSW. (excerpt) The incorporation and use of restorative processes are discussed in the report.

Directorate for Policy Development. White Paper on Restorative Justice.

The major proposal in this White Paper is the introduction of a system of Parole together with other procedures associated with the concept of Restorative Justice. Parole will enable a sentenced person to request release from custody in order to serve part of his or her sentence in the community, when evident improvement during the term of incarceration would give assurance that such sentenced person would be making concrete and serious efforts towards reform. In this regard, the establishment of a Parole Board as well as an Offender Assessment Board is deemed necessary. These two structures would manage the new processes envisaged to complement the shift towards new methods of Criminal Justice in Malta. The establishment of a Victim Support Unit is likewise a prerequisite for the proper management of victim involvement in the system. (excerpt)

Pelikan, Christa. "The impact of Council of Europe Recommendation No. R (99) 19 on mediation in penal matters"

"In April 1999, the Committee of Experts on Mediation in Penal Matters (PC-MP), in compliance with the terms of reference given to it by the European Committee on Crime Problems (CDPC) in 1996, drafted a recommendation entitled mediation in penal matters, which was subsequently adopted by the Committee of Ministers in September 1999 as Recommendation No. R (99) 19. "Three years later the Criminological Scientific Council (PC-CSC) decided to commission a study on the follow-up to this recommendation, which was to focus on the extent to which and the manner in which this recommendation had been implemented in different member states, and on the influence the recommendation had exerted in bringing about changes in the field of victim-offender mediation (VOM). "The PC-CSC thereby acknowledged (and there is growing awareness of this) that the following-up of the guidelines contained in recommendations drafted by committees of experts is, in itself, an important instrument for the furtherance of the Council of Europe policy." (excerpt)

South African Law Commission. Project 106: Juvenile Justice Report

Following ratification in 1995 of the United Nations Convention on the Rights of the Child, the South African Law Commission was requested to research juvenile justice and make recommendations to the South African Minister of Justice for the reform of this particular area of law. The Commission conducted this research through several stages: an Issue Paper published in 1997 for comment; consultation with relevant government and civil society organizations on the basis of the Issue Paper; a follow up comprehensive Discussion Paper in late 1998, accompanied by a draft Bill for reform of juvenile justice; and a series of consultations on the 1998 Discussion Paper with government departments and non-governmental organizations key to juvenile justice. This document from July 2000 constitutes the culmination of the Commission's research and consultations; it consists of the Commission's submission to the Minister for Justice and Constitutional Development. The report contains a final proposed draft Child Justice Bill and chapters on the following topics: principles and framework for the legislation; age and criminal capacity; pre-trial procedures; detention of children and release from detention; assessment and referral; diversion; preliminary investigation; court procedures; sentencing; legal representation; appeal, review, and monitoring; and confidentiality and expunging of records.

Shaw, Margaret and Jané, Frederick. Family Group Conferencing with Children Under Twelve. A Discussion Paper

This discussion paper is concerned with the potential for using family group conferencing to respond to serious behavior by children under twelve. In the context of the Youth Criminal Justice Act, there is a commitment to consider the needs of young children under the age of criminal responsibility and to develop a coordinated approach. Family group conferencing is a form of collectiv e decision-maiking and conflict resolution which has been developed over the past ten years in a number of countries. It is seen as innovative, powerful, effective, and empowering for those involved. It provides for accountability for actions. It has been used for a widening range of situations including young offenders, child care and protection, and family violence and abuse. It can respond to the particular needs of individuals, whether victims or offenders and their families and communities, in a way which is sensitive to culture and specific histories and circumstances.

Belgrave, John. Restorative Justice: A Discussion Paper.

In New Zealand, when it was became apparent that the adoption of a restorative focus in the adult jurisdiction could constitute major new public policy, the NZ Ministry of Justice requested input on the wide range of views that had to be considered on this issue. This paper endeavoured to set out the main options that the ministry identified as a result of its investigations (without reaching a conclusion), so that those who wished to participate in the consultation knew the issues on which the ministry was seeking input.

South African Law Commission. Juvenile justice

This lengthy paper consists of a proposal for a cohesive child justice system in South Africa. The aim of the system would be to hold young people accountable for their actions while at the same time keeping them from entering deeper into the criminal justice system. Background to the paper includes a situation analysis, with particular reference to the context following the demise of apartheid and the emergence of a call for a comprehensive juvenile justice system. The paper proceeds with an overview of the proposed child justice system, and a comparative survey in relation to juvenile justice in other countries (New Zealand, Uganda, and Scotland). Principles and framework for the proposed system are articulated (reference is made to international declarations and guidelines on juvenile justice). On the basis of all of this, specifics of the system are detailed in the following areas: the issue of age in relation to criminal responsibility; pre-trial procedures pertaining to police powers and investigation; assessment and referral; preliminary inquiry or hearing before a magistrate; court procedures; sentencing; review, appeal, and monitoring systems; legal representation; and confidentiality and expungement of records. Specific recommendations are made, and the paper concludes with a proposed draft bill.

Attorney General’s Department. Community justice conferencing for adult offenders discussion paper

Beginning in 1999, under the auspices of the New South Wales Government, a Working Party studied the possibility of a conferencing scheme for adult offenders. This discussion paper resulted from that study. The paper consists of several parts. (See the Internet addresses above for the text of the paper.) The first two parts provide background to the paper and a model for a conferencing scheme. Chapter 1 details the need for a new approach to adult offending. Chapter 2 examines the idea of conferencing, as well as relevant programs, legislation, benefits, and limitations. Chapter 3 proposes a framework for community justice conferences for adult offenders in New South Wales. A bibliography concludes the discussion paper.

Marshall, Tony F. Restorative Justice: An Overview

This substantial report from the Home Office in the United Kingdom provides a comprehensive overview of restorative justice principles and practices: key ideas and perspectives; historical sketch; limitations; relevant organisations; practices; research on restorative justice; and major issues in the development of restorative justice.

. Review of effective practice in juvenile justice.

This report identifies and describes effective practice in juvenile justice. The report reviews important international and Australian juvenile justice systems and draws from the ‘what works’ literature to evaluate a range of programs, as well as traditional penal and ‘get tough’ programs including juvenile incarceration. Specific issues of reducing Indigenous overrepresentation, and realising and coordinating whole-ofcommunity action are also discussed. The report will be used to build a comprehensive evidence base from Australia and overseas in order to test current practice and new ideas in the NSW context. (excerpt)

. Restorative justice.

Senate Joint Resolution 362 (SJR 362) was introduced by Senator Norment during the 2009 Regular Session of the General Assembly.2 Although SJR 362 was left in House Rules, the Executive Committee of the Crime Commission approved study of the resolution. As such, the Crime Commission was directed to examine a number of key issues regarding various types of restorative justice initiatives, specifically including victim-offender reconciliation programs, legal and practical issues, and possible recommendations relating to the preferred types of restorative justice. It should be emphasized that the primary purpose of the study was to provide an update and overview of restorative justice practices in Virginia, as the subject has not been examined in over 10 years. (excerpt)

Office of Criminal Justice Reform. Hearing the Relatives of Murder and Manslaughter Victims.

This consultation paper describes proposed plans by the UK government to provide the relatives of murder and manslaughter victims a voice in criminal proceedings.

Missouri Sentencing Advisory Commission . Restorative justice is viable prison alternative

One of the charges of the Missouri Sentencing Advisory Commission is to explore real alternatives to imprisonment and report those findings to the Governor and General Assembly. This is a research piece on restorative and reparative justice researched and written for the Commission’s 2005 report. (excerpt)

Kittayarak, Kittipong. Restorative Justice in Thailand

In Thailand, like in many other Asian countries, restorative justice is not a new approach but a familiar concept well entrenched in the Thai traditions and culture. Many elements of restorative justice still remain in the traditional way of communal justice in some rural areas. With such solid background in the Thai culture and increasing problems resulted from the shortcomings of conventional criminal justice, it is not surprising to see a growing interest of restorative justice in Thailand. In my presentation, I will examine the experience of Thailand in implementing restorative justice to the Thai criminal justice process. Although restorative justice has been reintroduced in Thailand only recently, and an attempt for its implementation is only in the beginning stage, restorative justice has been very well received by the criminal justice communities and the public. There are also many indications that it is likely to be adopted as a viable alternative to the formal criminal justice process in various types of offenses. (excerpt)

Daubney, David. Establishing a Framework for the Use of Restorative Justice in Criminal Matters in Canada

The Canadian House of Commons Standing Committee on Justice and Solicitor General, which I had the honour of chairing, began its review of sentencing, conditional release and related aspects of the correctional system in the spring of 1987, about the time a protracted and difficult national debate on capital punishment was coming to an end. Many of the issues raised in the House of Commons and across the country during that debate went beyond the question of capital punishment. They demonstrated that public confidence in many aspects of our criminal justice system was low. Many Canadians felt that they were not being fully protected and that crime was out of control. The Committee believed that this public perception, whether well-founded or not, had to be addressed and the issues raised by it be faced. The Committee undertook this study partly as a result of this sense of public unease. (excerpt)

Criminal Justice System (England). ‘Compensation & Support for Victims of Crime’: Summary of Responses to a Home Office Consultation Paper

The consultation document and partial regulatory impact assessment was sent to over 150 interested organisations, key stake-holders, and individuals. These included representatives of victims’ groups, the police, transport sector, alcohol industry, and other government departments. The consultation document was also made available on the Home Office website. During the consultation period we held seminars for voluntary organisations, and met with representatives of the police, retail sector, motorists groups, as well as with members of other government departments. A total of 106 replies were received during the 12 week period of consultation, and 1,781 users opened the consultation paper from the Home Office website during the same period. The breakdown of respondents by category can be seen in Table 2. All respondents were asked if they were content for their views to be made public, and a full set of these responses is available from the contact point listed below in section 1.7. We are grateful for all the responses received. This paper tries to reflect the views offered, but inevitably, it is not possible to describe all the responses in detail. (excerpt)

Home Office. Iawndal a Chefnogaeth I Ddioddefwyr Troseddau: Papur ymgynghorol ar gynigion i ddiwygio’r Cynllun Digolledu am Niweidiau Troseddol a chynnig rhagor o amrywiaeth o gefnogaeth i ddioddefwyr troseddau

Rhaid i ni ganoli mwy o gefnogaeth ar y dioddefwyr i’w helpu i oresgyn y trawma a’r boen meddwl a ddioddefwyd, ac i ennyn eu hyder yn y system cyfiawnder troseddol. Mae hyn yn golygu, nid yn unig darparu iawndal ariannol, ond gwybodaeth, cyngor a chefnogaeth ymarferol. Mae’r argymhellion yn y papur hwn yn cyd-fynd ag ystod o weithgareddau ar draws y sectorau statudol a gwirfoddol i gefnogi dioddefwyr troseddau ac adeiladu ar y newidiadau yn y Ddeddf Cyfiawnder Troseddol i roi dioddefwyr yng nghanol y system cyfiawnder troseddol. Mae’r strategaeth Cyfiawnder Adferol a gyhoeddwyd yng Ngorffennaf 2003 yn anelu i ymdrin ag ail-droseddu ond hefyd i gynnig ffyrdd newydd o gynnig ateb i ddioddefwyr.Yr haf diwethaf fe gyhoeddwyd A New Deal for Victims and Witnesses – ein Strategaeth Genedlaethol sy’n nodi ein gweledigaeth ar gyfer ymagwedd gydlynol tuag at gefnogi dioddefwyr a thystion yn y system cyfiawnder troseddol a thu hwnt. Rydym am i iawndal i ddioddefwyr gael ei dargedu yn y ffordd iawn, ac iddo ddod o’r ffynonellau mwyaf addas. Credwn y dylai’r argymhellion a nodir yn y papur ymgynghorol hwn helpu i gyflawni hynny. (excerpt)

Home Office. Compensation and Support for Victims of Crime: A consultation paper on proposals to amend the Criminal Injuries Compensation Scheme and provide a wider range of support for victims of crime

We need to focus more support on victims to help them overcome trauma and distress suffered, and to build their confidence in the criminal justice system. This means not only providing financial compensation, but information, advice and practical support. The proposals in this paper complement a range of activity across the statutory and voluntary sectors to support victims of crime and build on the changes in the Criminal Justice Act to put victims at the heart of the criminal justice system. The Restorative Justice strategy published in July 2003 aims not only to tackle reoffending but also to offer new ways of providing resolution for victims. Last summer we published A New Deal for Victims and Witnesses – our National Strategy which sets out our vision for a co-ordinated approach to supporting victims and witnesses in the criminal justice system and beyond. We want compensation to victims to be targeted in the right way, and to come from the most appropriate sources.We believe that the proposals set out in this consultation paper should help us achieve that. (excerpt)