Handbook on Restorative justice programmes

4.3 Addressing the need for legislation
There is considerable variation worldwide in the legal status of restorative
justice processes, with some programmes enshrined in law and others
having no formal legal status. It should be noted that countless pro-
grammes have been successfully established without any new legislation.
Examples of the latter include the peace committees in Pakistan, and the
sulha peacemaking process in the Middle East and the community-based
mediation programmes in Guatemala.
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South Africa began restorative
justice programmes without any specific legislation to empower such
work. Diversion, whilst not provided for in law, was achieved through
prosecutorial discretion. Programmes have been developed and run
through a partnership between the prosecuting authority and non-govern-
mental organizations. The law on sentencing already allowed postponed,
suspended and community based sentences and the space created by
these have allowed for restorative justice sentencing.
On the other hand, when the initiative aims to radically transform how the
system responds to certain categories of offenders (e.g. young offenders)
or certain types of offences and to introduce alternative responses (e.g.
diversion, restorative programmes, etc.), it is usually the case that a new
legal framework is required. Sometimes, legislation will add to the per-
ceived legitimacy of a programme.
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