Legislation

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Baber, Mary. The Youth Justice and Criminal Evidence Bill [HL] [Bill 74 of 1998-99].

This research paper provides background information for the Youth Justice and Criminal Evidence Bill. At the time the paper was written, the Bill had completed its passage through the House of Lords and was due for debate in the House of Commons. The Bill would enable a new sentencing disposal for the youth court. Specifically, this sentencing disposal would make possible referral to a youth offender panel for young offenders convicted for the first time. The primary aim of the youth offender panel would be to prevent re-offending. The Bill would also make a number of changes to the law concerning the giving of evidence in criminal proceedings.

Ghana. Children's Act, 1998. (Act 950).

(1) A Child Panel shall assist in victim-offender mediation in minor criminal matters involving a child where the circumstances of the offence are not aggravated. (excerpt)

Washington State Legislature.. Revised Code of Washington. Title 13. Jvenile Courts and Juvenile Offenders.

Section 13.40.070 refers to referral to mediation or reconciliation programs.

State of Texas.. Texas Statutes. Code of Criminal Procedure.

Article 42.12 refers to victim offender mediation; 56.02 refers to the right of crime victims to request mediation; 56.13 adresses victim offender mediation;

State of Tennessee.. Tennessee Code: Title 16 Courts: Chapter 20: The Victim-Offender Mediation Center.

(a) The general assembly finds and declares that: (1) The resolution of felony, misdemeanor and juvenile delinquent disputes can be costly and complex in a judicial setting where the parties involved are necessarily in an adversary posture and subject to formalized procedures; and (2) Victim-offender mediation centers can meet the needs of Tennessee's citizens by providing forums in which persons may voluntarily participate in the resolution of disputes in an informal and less adversarial atmosphere. (excerpt)

State of Montana.. Montana Code Annotated. Titel 2. Government Structute and Administration.

Sections 1-15-2013~2-15-2014 deal with the Office of restorative jsutice and the Restorative justice fund.

State of Missouri.. Missouri Revised Statutes Chapter 217 Department of Corrections Section 217.777.

(1) The department shall provide a program of training to eligible volunteers and develop specific conditions of a probation program and conditions of probation for offenders referred to it by the court. Such conditions, as established by the community boards and the department, may include compensation and restitution to the community and the victim by fines, fees, day fines, victim-offender mediation, participation in victim impact panels, community service, or a combination of the aforementioned conditions; (excerpt)

State of Kansas.. Kansas Statutes. 36*1663. Chapter 38 Minors. Article 16-- Kansas Juvenile Justice Code

Allows for mediation between victim and offender in responding to juvenile crimes.

State of Florida.. The 2006 Florida Statutes. Chapter 985 Juvenile Justice; Interstate Compact on Juveniles

(2) NEIGHBORHOOD RESTORATIVE JUSTICE CENTER.-- (a) The state attorney may establish at least one Neighborhood Restorative Justice Center in designated geographical areas in the county for the purposes of operating a deferred prosecution program for first-time, nonviolent juvenile offenders. (b) The state attorney may refer any first-time, nonviolent juvenile offender accused of committing a delinquent act to a Neighborhood Restorative Justice Center. (excerpt)

State of Delaware.. Title 11. Crimes and Criminal Procedure. Special Programs. Chapter 95. Victim Offender Mediation.

(a) The General Assembly finds and declares that: (1) The resolution of felony, misdemeanor and juvenile delinquent disputes can be costly and complex in a judicial setting where the parties involved are necessarily in an adversary posture and subject to formalized procedures; and (2) Victim-offender mediation programs can meet the needs of Delaware's citizens by providing forums in which persons may voluntarily participate in the resolution of certain criminal offenses in an informal and less adversarial atmosphere. (excerpt)

State of Arizona.. Arizona Revised Statute12-299 Community Punishment Program.

Section 12-299.01 provides for victim offender reconciliation.

State of Arizona.. Arizona Revised Statute 8-419 (Title 8 Children).

8-419. Victim reconciliation services The presiding judge of the juvenile court in each county may establish and provide voluntary victim reconciliation and restitution services to assist victims of juvenile crimes. (excerpt)

State of Alaska.. Alaska Statute 12.55.011

Sec. 12.55.011. Victim and community involvement in sentencing. A court, when considering the sentence to be imposed under this chapter for an offense other than a violation of AS 11.41, AS 11.46.400 , or a crime involving domestic violence, may permit the victim and the offender to submit a sentence for the court's review based upon a negotiated agreement between the victim and the offender, or between the offender and the community if there is no victim. The court may, with the consent of the victim and the offender, impose the sentence that has been determined by the negotiated agreement between the offender and the victim, or between the offender and the community if there is no victim, if that sentence otherwise complies with this chapter and accomplishes the goals of restoration of the victim and the community and rehabilitation of the offender. Before accepting a negotiated agreement, the court shall determine that the victim has not been intimidated or coerced in reaching the agreement. In this section, "community" has the meaning determined by the court. (excerpt)

State of Alabama. The Code of Alabama 1975. Section 15 Criminal Procedure.

Chapter 16-180 deals with funding for community based programme including victim offender reconciliation

Government of Poland.. Code of Criminal Procedure.

Article 23a is relevant to restorative justice. The text is in Polish.

Government of Poland.. Criminal Code of the Republic of Poland.

Articles 53(3), 60(2.1) and 66 (3) are relevant to restorative jutsice. The text is in Polish.

Government of Austria.. Jugendgerichtsgesetz 1988 - JGG.

The text of this legislation is in German. It contains references to the use of mediation in criminal cases.

Government of Finland. Act on Mediation in Criminal and Certain Civil Cases.

For the purposes of this Act, mediation in criminal cases (mediation) means a non-chargeable service in which a crime suspect and the victim of that crime are provided the opportunity to meet confidentially through an independent conciliator, to discuss the mental and material harm caused to the victim by the crime and, on their own initiative, to agree on measures to redress the harm. (excerpt)

National Assembly of Bulgaria.. Law on Mediation. Prom. SG. 110/17 Dec 2004.

Art. 1. This law shall stipulate relations connected with the mediation as an alternative way of settlement of legal and non-legal disputes. Concept of mediation Art. 2. The mediation shall be a voluntary and confidential proceedings of out-of-court settlement of disputes whereas a third person – mediator assists the disputing parties to achieve settlement. Subject of mediation Art. 3. (1) Subject of mediation may be civil, commercial, labour, family and administrative disputes related to rights of consumers and another disputes between natural and/or legal persons. (2) Mediation shall be performed as well as in the cases envisaged in the Penal Procedure Code.

Government of Belgium. Law of 22 June 2005 on mediation

This legislation addresses the use of mediation in the the Belgian criminal code. The text is in French and Dutch.