Handbook on Restorative justice programmes

Restorative justice

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mediation, arbitration and customary justice or indigenous practices,
should be utilized where appropriate to facilitate conciliation and redress
for victims”.
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We now know much more about the needs of victims of
crime and the ways in which the criminal justice system may address these
needs (e.g. the need for information, participation, expression, empathy,
redress, restoration of a sense of control and security, etc.). However,
there remain frequent complaints that the formal criminal justice process
ignores the victims’ needs and wishes. By contrast, a restorative justice
process is often uniquely suited to address many of the victims’ most
important needs. In particular, the formal justice process is not designed
to allow victims to describe the nature and consequences of the crime, let
alone to ask questions of the offender. The restorative justice model can
support a process where the victims’ views and interests count, where they
can participate and be treated fairly and respectfully and receive restora-
tion and redress. By participating in the decision-making, victims have a
say in determining what would be an acceptable outcome for the process
and are able to take steps toward closure. 
(b) Repairing the relationships damaged by the crime, in part by arriving at a
consensus on how best to respond to it. In fact, it is often argued that the focus
of the response should not be solely on the criminal incident, but rather
on the relationships that it affected or damaged. Strengthening the com-
munity can sometimes prevent further harm. A key feature of restorative
justice is that the response to criminal behaviour focuses on more than
just the offender and the offence. Peacemaking, dispute resolution and
rebuilding relationships are viewed as the primary methods for achieving
justice and supporting the victim, the offender and for interests of the
community. It can also be helpful for identifying underlying causes of
crime and developing crime prevention strategies.
(c) Denouncing criminal behaviour as unacceptable and reaffirming commu-
nity values. Denouncing certain behaviours is an objective of the restora-
tive justice process just as it has been a fundamental objective of criminal
law for centuries. However, the way in which the behaviour is denounced
is different. Denunciation is achieved in a more flexible manner, taking
into account not only the rules, but also the individual circumstances of
the offence, the victim and the offender. It is designed to be a positive
denunciation within a larger process, rather than being the sole focus of
the intervention. What the denunciation looks like and how it takes place
during the restorative process will vary widely, but it remains an essential