Handbook on Restorative justice programmes

6.6 Compliance monitoring
It is important that mechanisms be in place to monitor the conditions of
any agreement that is reached in the restorative process. Depending upon
the specific restorative strategy used, there may be an extensive list of
reparative responsibilities, treatment requirements and (in indigenous
communities) traditional healing and community building rituals. Basic
Principles (para. 7) states that “agreements should be arrived at voluntarily
and contain only reasonable and proportionate obligations”. 
Each restorative programme must determine how it will monitor compli-
ance by offenders, and by other parties, with the terms of the agreement
reached during the restorative process. There are several ways of estab-
lishing such mechanisms. The monitoring mechanism does not necessar-
ily have to fall under the programme itself. The task may be assigned to
another agency such as the police or a probation office or an organization
working with the offenders to help them implement their rehabilitation
plan (e.g. a drug treatment agency, a counselling service or a financial
institution). In many low-income countries, reliance is placed upon soci-
etal self-regulation influence and members of the community themselves
to monitor compliance with the agreement of the parties.
In the case of sentencing circles, for example, agreements are subject to
review by a judge who will ask for regular reports from the justice commit-
tee (responsible for administering the process) and the support groups.
Judges may strengthen the enforcement process at the conclusion of the
circle by assigning or reaffirming the assignment of community monitor-
ing responsibilities and may withhold a final decision about jail terms 
or other sanctions pending completion of obligations to be verified at a
follow-up hearing.
chapter 6