Handbook on Restorative justice programmes

6.3 Promoting appropriate referrals 
to a programme
Restorative programmes vary as to what party is responsible for selecting
cases. Referrals to restorative justice programmes can originate from 
the police, prosecutor, corrections officials, non-governmental agencies
and other community sources. In many jurisdictions, the guidelines for
referring cases are set out in legislation, while in others, the referral
chapter 6
Programme operation
Suitability checklist
Determining whether a case is
suitable for a restorative justice
process requires an assessment of
the risks involved for the parties.
Such an assessment includes 
factors beyond those used in the
conventional criminal justice 
system. Questions that might be
asked include: 
앫 Is the programme appropriate for
youth and/or adults
앫 How serious was the offence?
앫 Were there aggravating factors
involved in the commission of the
offence?
앫 What is the offender’s prior
record of criminal offending? 
앫 Is the offender amenable to par-
ticipating in the process? (Is he
likely to consent to participate?)
앫 What is the offender’s mental and
emotional state and what are his
cognitive abilities?
앫 Have there been any recent threats
(or other forms of intimidation)
앫 Is the offender part of a criminal
organization?
앫 Is the offender related to the vic-
tim and, if so, how? 
앫 Is the victim an individual or a
legal person?
앫 Are there multiple victims and, if
so, do they all agree to participate
in the process?
앫 Is the victim an adult or a child?
앫 Is the victim amenable to partici-
pate in the process? Does he or
she consent?
앫 What are the victim’s mental state
and cognitive abilities?
앫 Is there an immediate risk of re-
victimization for the victim?
앫 Have other support persons been
identified who could be involved
in the process to support the
offender or the victim? 
앫 Has either the victim and/or the
offender previously participated in
a restorative process and, if so,
what was the outcome of that
process?
앫 Is the offender admitting guilt for
the offence (or at least not deny-
ing it)?
앫 Are the facts of the crime still in
dispute?
앫 Is there any documentation on
the losses or damages suffered
by the victim(s)?

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process is established in policy or in agreements. The way the offer is
made to a victim and offender to participate in a restorative justice pro-
gramme is very important, whether made by police officers, made by a
police officer familiar with the programme, a counsellor, a victim service
worker or a respected community member
Because the success of any restorative justice programme is dependent to
a great extent upon receiving suitable referrals, the referral process should
be enhanced by ongoing consultations and by communication campaign
to encourage justice personnel to refer appropriate cases to a restorative
programme and by proactively seeking cases via a search of agency files. 
The Basic Principles (para. 7 and 9) identifies three major criteria for
designing a referral process within the criminal justice system:
앫 Sufficient evidence: The referral should only by made where there
is sufficient evidence to charge the offender; 
앫 Consent: The referral should only be made with the free and volun-
tary consent of both the victim and the offender. At the time of the
initial referral, however, the consent of both parties may not have
as yet been determined and that securing that consent then becomes
the first pre-requisite to be met before proceeding any further.
앫 Power imbalances and cultural differences: Disparities leading
to power imbalances, as well as cultural differences among the par-
ties, should be taken into consideration in referring a case to a
restorative process. In cases where the referral is made in spite of
potential power imbalances, this fact must be brought to the atten-
tion of the programme facilitators and must be taken into consid-
eration in the conduct of the restorative process. Referrals criteria,
procedures and forms should be designed in such a way that they
facilitate the examination of this factor by those responsible and
accountable for the referral decision. In some cases, it may be incum-
bent on the referring agency to exercise due diligence and to estab-
lish that a referral to a community-based process is not placing the
victim or the offender at risk of victimization or intimidation.
Poor referral mechanisms and poor referral rates are often responsible for
the poor performance or the failure of restorative justice programmes. As
was just mentioned there are different ways in which programme man-
agers can promote effective referrals from the community and from the
various levels of the criminal justice system.
Specific interagency protocols can be established preferably in advance of
launching the programme, or as the latter is being designed. These proto-
cols can guide the selection of cases for referral and set out eligibility crite-
ria. It will also determine the procedures to be followed in various
circumstances (e.g. when the consent of one of the parties cannot be