Handbook on Restorative justice programmes

HANDBOOK ON RESTORATIVE JUSTICE PROGRAMMES

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incorporating the agreement into a judicial decision or judgment is that
the courts or an enforcement agency can then become duty bound to
monitor the agreement and intervene if and when an offender fails to ful-
fil the requirements of the plan agreed upon.
It is possible for a restorative process to be successful without an agree-
ment. A victim, for example, may be satisfied with having had a chance to
express to the offender how he/she was affected by the crime and to hear
an acknowledgment of responsibility from the offender. Para. 16 of the
Basic Principles recommends that “where no agreement is reached among
the parties, the case should be referred back to the established criminal
justice process and a decision as to how to proceed should be taken with-
out delay”. It also adds that failure to reach an agreement alone shall not
be used against the offender in subsequent criminal justice proceedings.