Handbook on Restorative justice programmes

Principles and safeguards

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3.2 Examples of guidelines 
and their contents
In many jurisdictions, the specific legal authority for restorative interven-
tions is supplemented by the publication of other texts having legal or
quasi-legal force. Such texts typically prescribe or advise the adoption of
certain protocols governing the conduct of the intervention.
25
There exist
several examples of guidelines that have been developed by government
agencies or professional groups. One of them is reproduced below for ease
of reference.
HANDBOOK ON RESTORATIVE JUSTICE PROGRAMMES
Outline of a statement of principles for a code of ethics 
in restorative justice
26
Principles relating to interests of parties (needs and rights)
Those relating to all parties
앫
Voluntary participation and informed consent
앫
Non-discrimination, irrespective of the nature of the case
앫
Accessibility to relevant helping agencies 
(including restorative practice agencies)
앫
Protection of vulnerable parties in process
앫
Maintaining accessibility to conventional methods of dispute/case 
resolution (including the courts)
앫
Privilege should apply to information disclosed before trial 
(subject to public interest qualification)
앫
Civil rights and dignity of individuals should be respected
앫
Personal safety to be protected
Those relating to parties who have sustained loss
앫
Their needs and feelings to be taken seriously
앫
Their losses to be acknowledged
앫
Their right to claim recompense to be vindicated
Those relating to those liable for loss imposed on others 
(including those facing criminal sanctions)
앫
Right to offer reparation before it is formally required
앫
Right to due process in trial (including presumption of innocence in
any subsequent legal proceedings)
25 
Miers, 2001, 79.
26 
Source: Mackay, 2004, pp. 63-64.

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chapter 3