Handbook on Restorative justice programmes

Principles and safeguards
앫
Reparative requirements, where imposed, should be proportionate,
primarily to the capacity of the perpetrator to fulfil, and secondarily to
the harm done
앫
Reparative requirements should be consistent with respect for the dig-
nity of the person making amends.
Principles relating to the interests of the local community and society
앫
Community safety should be promoted by measures to bring about
crime prevention, harm reduction and social harmony
앫
Social solidarity should be promoted by respect for cultural diversity
앫
Social solidarity should be promoted by upholding public morality and
respect for the law
Principles relating to agencies working alongside the judicial system
앫
Consideration should be given to settlement of the case without pros-
ecution except when the level of harm done, the risk of further harm,
issues of public policy, disagreement about the facts or the appropriate
outcome, requires open court action
앫 The exercise of discretion either individually or systematically should not
compromise rights under the law or lead to discrimination
앫 Restorative justice measures should not be subordinated to other crim-
inal justice objectives such as diversion or rehabilitation
Principles relating to the judicial system
앫 Reintegration of the parties should be the primary aim of court proceedings
앫 Repairing the harm should be the key objective in disposal of the case
앫 Restorative requirements should be proportionate to the case (see above)
앫 Where a restorative requirement is possible and proportionate, it should
be imposed regardless of the wishes of the parties in criminal cases.
Where a victim refuses to participate, a surrogate should be found
앫 Genuine willingness on the part of the perpetrator to repair harm should
be taken into account in disposal
앫 The content of mediation/conferences to be considered privileged, sub-
ject to public interest qualifications.
Principles relating to restorative justice practice agencies
앫 Commitment to rights-based practice, including a requirement that par-
ties are advised of rights, and are encouraged to seek advice before
commitment to mediated agreements
앫 Impartiality of mediators
앫 Neutrality of mediators

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