For someone who has caused harm by admitted or proved criminal offending, restorative justice is an opportunity to take responsibility for their actions to understand the consequences and harm done to the victim. Restorative justice convenors assist the parties to prepare for and participate in a dialogue which is safe and productive.
Who Can Participate?
Participation is voluntary. No one can be forced to take part in restorative justice. This includes both the offender and the victim.
A matter will only proceed if those involved are willing to participate and trained facilitators consider the process appropriate and safe. This ensures that restorative justice remains focused on meaningful engagement rather than becoming a mere procedural step in a criminal case.
How is Eligibility Determined?
Under s22 of the Crimes (Restorative Justice) Act 2004 (ACT), before any person is charged restorative justice can be referred, as an alternative to prosecution, by police, the victims of crime commissioner or the director-general of Children and Young People. Once the matter is in court, the DPP or court can refer an offender to restorative justice. For more serious offences, an offender must plead guilty to the offence before being eligible. An offender can also be referred to restorative justice after sentencing.
What Happens During the Process?
Facilitators speak with participants individually to understand their concerns, assess suitability and ensure everyone understands what the process will involve. If the matter proceeds, participants may attend a conference where they discuss the offending, its impact and possible ways to repair the harm caused. It is often an opportunity for offenders to apologise to their victims.
Why Might Someone Consider Restorative Justice?
Many victims report that the traditional court process can feel impersonal. Criminal proceedings are necessarily focused on legal issues, and victims can sometimes feel that their experience is secondary to the question of whether an offence can be proven.
Restorative justice can provide a more personal process. It gives victims an opportunity to be heard and allows offenders to engage directly with the consequences of their actions.
From a sentencing perspective, genuine participation may also demonstrate insight, accountability and a willingness to address offending behaviour. These are factors that courts often regard as relevant when considering an appropriate sentence.
Is Restorative Justice Right for Every Case?
Not necessarily.
Some matters are unsuitable because of safety concerns or because one or more participants do not wish to engage in the process. In other cases, the emotional impact of the offending may make restorative justice inappropriate.
Whether a referral should be explored depends on the individual circumstances of each case.
Should you or someone you know be charged with an offence, it is essential you receive legal advice from an experienced criminal defence lawyer at any early stage. To discuss your options, call Hugo Law Group in Sydney (02 9696 1361), Canberra (02 5104 9640) and Perth (08 6255 6909) to make an appointment to speak to one of our lawyers.
