Handbook on Restorative justice programmes

5.1.4 Prosecutors
In most jurisdictions, prosecutors play a key role in the operation of
restorative justice programmes and, in the absence of legislation or other
guidelines, they exercise considerable discretion in determining which
cases are suitable for a particular restorative process. A recent review of
restorative processes in a number of common law and civil law nations
found that public prosecutors were the most common gatekeepers to
restorative programmes.
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In both common law and civil law countries,
prosecutors are able to refer cases to restorative processes, the latter role
having more recently emerged with the enactment of legislation in a num-
ber of jurisdictions. While the use of restorative processes at the post-
charge stage is within the discretionary purview of the prosecutor in
common law countries, in civil law countries, referral at this stage has gen-
erally remained within the purview of judges. Many jurisdictions now
include prosecutor-level referral processes for both juveniles and adults.
In establishing restorative processes in a jurisdiction, it is imperative that
prosecutors be involved in discussions from the outset and that training
and information be provided to prosecutors so they can both understand
the principles of restorative justice and appreciate the potential advantage
of the use of this option for juveniles and adults. 
chapter 5