Handbook on Restorative justice programmes

HANDBOOK ON RESTORATIVE JUSTICE PROGRAMMES

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chapter 2
The use of restorative approaches
The role of the Czech Republic Probation Mediation Service
Centre in pre-trial and court proceedings
In the Czech Republic, the Probation and Mediation Service is involved in
pre-trial and court proceedings in an attempt to mediate effective and pro-
social resolutions to crime-related conflicts. Mediation may only be carried
out with the voluntary consent of the two parties. Mediators are skilled
in effective negotiations. They help the parties in conflict to arrive at conflict
settlement, and to find a mutually acceptable solution to the situation. Their
task is to manage the negotiation process, to create conditions allowing
understanding between the participants, the reaching of a solution, taking
into account both parties’ interests. The mediators neither assess the conflict,
nor do they decide on the form of its solution.
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Probation officers are also involved in the development of pre-sentence
reports which map the current life situation of the client accused and
his/her motivation to enter into the process, or to cooperate on solving
the criminal matter he/she is being prosecuted for. The content structure
of the pre-sentence report helps the PMS officer to focus the cooperation
with clients on the given key areas on the one hand, and on the other
hand it also enables the state prosecutor and the judge to find information
they need easily. Based on the information established and on his/her risk
assessment, the PMS officer proposes future ways of cooperation with the
client, and possibly forms of adequate duties, restrictions, possibilities of
community service orders for the client, etc.
When working with the accused, the PMS officer opens new topics related
to solutions to the consequences of the criminal act and repair disrupted
interpersonal relations. The main purpose is for the client accused to
become aware of all possible legal and social connections of the criminal
act committed, and to be prepared to solve the consequences proactively.
Active participation of the client accused and the client victim on the
court’s or state prosecutor’s judgement through their cooperation with
the PMS may represent a preparation of both parties to accepting the
judgement in the case and to be willing to participate on its execution—
the accused on serving the punishment/measure or on the diversion of
criminal proceedings, and the victim to accept the form of reparation
he/she consented to. The PMS officer’s work with the client accused in
the pre-sentence phase aims at their discovering possible causes of the
client’s offending, and at their finding ways of how to remove such causes
(e.g. through participation in a rehabilitation programme, further educa-
tion, finding a job, solving a conflict in the family, etc.).
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Ourednícková, L., Pilný, O., Rabináková, D., Štern, P. Preface to the Czech edition of: Riskin,
L. L., Arnold, T., Keating, J. M. Mediace aneb jak rešit konflikty (Mediation or how to resolve
conflicts). Praha: Facia, 1996, pp 7-10.

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