Handbook on Restorative justice programmes

The dynamics of restorative justice interventions
52 
Miers, D., 2001

---

64
5.1.5 Defence lawyers
Defence lawyers are a potential source of referrals of offenders to restora-
tive justice programmes. Such referrals can assist in ensuring that the con-
flicts are addressed in an expeditious manner and can help reduce the
backlog of cases scheduled for court appearance. Defence lawyers can
play an important role in explaining to offenders the potential benefits of
participating in a restorative justice process. They can help ensure that the
rights of the offender are protected and that avenues of appeal remain
available. They can also play a significant role in cases involving juvenile
offenders by ensuring that their consent to participate in a restorative jus-
tice process is informed and freely given.
5.1.6 Judiciary
Judges and magistrates also play a critical role in the potential success of
restorative justice processes. However, they can be a most challenging
group in terms of securing their interest and participation in, and support
for, restorative schemes. The legal training of judges and magistrates does
not always expose them to the principles and practices of restorative jus-
tice. They will welcome further training and the opportunity to participate
directly or indirectly in various restorative justice approaches. 
The involvement of judges in restorative justice processes varies consider-
ably, depending upon the specific programme considered. In circle sen-
tencing, for example, the judge plays an integral role in the hearing,
disposition, and monitoring of the case, while in other instances, such as
victim-offender mediation programmes, the judge is only a referral
source. In both common law and civil law jurisdictions, members of the
judiciary can play a key role in referring cases to a restorative forum, par-
ticipating themselves in the restorative process, and/or monitoring the
agreements that are reached. Even in situations where an offender has
entered a guilty plea or has been found guilty of an offence, the judge may
suspend the imposition of a sentence pending the outcome of a restorative
process. In common law jurisdictions, one way to bring this to their attention
is through a pre-sentence report. If, in the view of the judge, an appropriate
agreement is reached, then no further action may be taken, or the agreement
may be incorporated into the sentence that is imposed on the offender.
5.1.7 Correctional officials
Although restorative justice processes have operated primarily at the 
pre-charge or post-charge, pre-sentence stages of the criminal justice
system, in recent years there has been increasing use of these processes 
in corrections and throughout the various stages of the execution of 
the offenders’ sentence. Restorative justice process, including victim-
offender mediation, can be utilized for offenders who are on probation or
HANDBOOK ON RESTORATIVE JUSTICE PROGRAMMES

---

65
who are under other types of supervision in the community. As well,
restorative processes can also be utilized for offenders who are currently in
custody in order to provide them an opportunity, when appropriate, to
meet with the victim of their crime and/or the victim’s family. The use of
restorative practices can extend to parole. Parole boards can consider the