Handbook on Restorative justice programmes

HANDBOOK ON RESTORATIVE JUSTICE PROGRAMMES

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offences are not necessarily the only basis upon which the appropriateness
of a particular case for a restorative justice process is determined. It is
often the case that new a programmes must take an incremental approach
and start with a smaller subset of eligible cases and build on that basis as
the programme evolves and gets stronger. 
On the issue of whether to target serious crimes, there is often a tendency
to target problems or cases involving less serious offences or first-time
offenders. There may be some good reasons for doing so at first.
However, there is little basis for the view that restorative programmes are
only appropriate for less serious offences or first-time offenders. In fact,
restorative approaches may be too intensive and pointless in cases of
victimless crimes for which other approaches can be used.
One should also keep in mind that the use of restorative justice for certain
types of offences is more controversial than for others. What is most con-
troversial in a given context depends on a number of factors, including the
characteristics of the community, the cultural context or the nature of the
programme. The use of restorative justice in cases of domestic violence
and sexual assault, for instance, is often controversial. Some advocates of
restorative justice see it as appropriate, subject to carefully thought out
practices and safeguards, for all types of offences and advocate the exten-
sion of restorative justice programmes to domestic violence and sexual
assaults. Others, including some women’s organizations, have expressed
concerns that a restorative approach may re-victimize women victims and
not provide adequate denunciation of the offending behaviour. 
Some programmes exist which include these types of offences in their
interventions. In Austria, for example, domestic violence cases can be
referred to mediation and provision is made to ensure that a male/female
pair of mediators who have received special training always conducts the
mediation.
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A new programme was also recently introduced in Thailand.
The Husband Rehabilitation Clinic involves a restorative and a treatment
(anger-management programme) component as well as supervision by
the Department of Probation and the Bangkok Metropolitan Police
Bureau.
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However, several commentators urge caution or are opposed to
the extension of restorative justice processes to offences of violence
against women, citing an absence of adequate safeguards and risks to the
safety of victims.
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