Handbook on Restorative justice programmes

HANDBOOK ON RESTORATIVE JUSTICE PROGRAMMES
The relationships of restorative justice
51
Victim
Offender
Justice
agencies
Local
community
Wider society
Of
fen
der’
s s
oc
ial networ
k
Vi
ctim
’s so
cial network
51 
Source: Marshall, 1999, p. 5.
Some cases involving very serious offences are highly sensitive and require
extensive preparations prior to a face-to-face encounter. It is at that stage
that the risks of re-victimization are, perhaps, the highest. In some
recorded cases, preparations for a restorative session between the offender
and the victim extended over a period of several years. 
Consideration must be given to supporting victims, both during and after
the process. Victims must be allowed to tell their story. This may require
that victims speak first in any forum in order to avoid an imbalanced focus
on the offender’s issues that may result in the victim withdrawing from the
discussion or challenging the offender. In circle sentencing, for example,
the telling of the victim’s story is viewed as important, not only for the
victim, the offender and their supporters, but also for the community as a

---

61
whole. Alternatively, a victim or a relative may speak on behalf of the
victim. Where possible, victims should be accompanied by, and have
ongoing support from, family members and friends, and, where available,
victim support agencies.
One should remember that many crimes do not have an individual victim
and that others are committed against legal persons (e.g. a firm or com-
pany, a school). Sometimes it may be possible to find a person who can
represent the organization or the legal person for the purposes of the
restorative process. This often referred to as a “surrogate” victim. Victims
may also include the survivors of a homicide victim.
As well, it must be acknowledged that some victims may not, for a variety
of reasons, want to participate in a restorative process. And, it is impor-
tant that the victims not be coerced into participating in the restorative
justice process and that they be informed of their right to legal advice,
when available, and to withdraw from the process at any time. 
In cases involving child-victims particular care must be taken to protect
them and ensure that their consent is truly voluntary. In some restorative
process involving child victims, or other vulnerable groups (e.g. illegal
immigrants, or a mentally challenged individuals), legal counsel is pro-
vided to the victim with the express purpose of ensuring that they fully
understand the process that they are invited to participate in, that their
consent is informed and given freely, and that they are aware that they are
free to withdraw from the process at any given point in time.