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January 2005 Edition

Over the last year, we have seen interesting developments in the implementation of restorative justice around the world. The stories below are in the order they appeared on this website since January 2004.

Recent Changes to Restorative Justice Online

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Home Office Explores Cautioning.

The Home Office has released a consultation paper on a code of practice for conditional cautioning as an alternative to prosecution. Conditional cautioning is found in the Criminal Justice Act of 2003, which provides for the creation of a code of practice to be approved to by both Houses of Parliament. Prior to parliamentary approval, the Home Office has published a draft of the code of practice for public comment.

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Juvenile Justice Reform Still Pending in South Africa

A bill fostering the inclusion of restorative justice principles and practices for juveniles is still awaiting parliamentary action in South Africa. Originally introduced in 2002, the Child Justice Bill would create a consistent system for responding to youth crime by consolidating current practices and legislation with international standards for the treatment of juvenile offenders.

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Juvenile Justice in Namibia: Law Reform Towards Reconciliation and Restorative Justice.

Namibia is in the process of creating a juvenile justice system that will be more responsive to the needs of children in conflict with the law and more in line with international standards. To this end, the Child Justice Bill was drafted in 2003, reflecting the ideas of ubuntu, an African understanding that an individual’s humanity is wrapped up in the dignity and humanity of others. Currently, the Bill is being modified by the Ministry of Justice and is scheduled to be presented to in Parliament this year. Marthinus Hamutenya of the Inter-Ministerial Committee on Child Justice in Namibia analyzes the bill.

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Conference Highlights Restorative Justice in Russia.

The Centre for Legal and Judicial Reform in Russia is developing the use of restorative justice in Russia. A recent conference was held to highlight the work that has taken place and the needs of the country as they move forward. Andrew Kravtsov provided this report on the conference proceedings.

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Promoting Restorative Processes in Jamaica.

In a ceremony on January 21, the Governor General of Jamaica declared 2004 the National Year of Dispute Resolution. Highlighting the country’s commitment to developing restorative processes, the declaration coincides with the 10 year anniversary of both public and private initiatives to introduce mediation in response to rising levels of violence. Activities to promote the use of restorative practices have been held throughout the year.

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Finding Community Alternatives in the Gambia

The Canadian International Development Agency recently awarded Mount Saint Vincent University in Halifax, Nova Scotia, a grant to launch a Community Policing and Restorative Justice Project in the African country the Gambia. Dr. Stephen Perrott, of the Department of Psychology, provides a description of the project and its goals.

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New Restorative Justice Legislation in the Australian Capital Territory.

A recently passed bill will expand the use of restorative process in the Australian Capital Territory (ACT) beginning in 2005. The Crime (Restorative Justice) Act 2004 allows the use of conferencing in all stages of the criminal justice process from pre-trial diversion to parole. The act, passed in August, grows out of the government’s ACT Criminal Justice Strategic Plan 2002-2005 which included an examination of restorative justice options in the territory.

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Victim Offender Mediation: Short Notes From Poland

In 2003, laws and regulations concerning victim-offender mediation were modified in Poland. One result of these changes is that more cases are now eligible for VOM than before. Dr. Elżbieta Czwartosz, a professor of psychology at the University of Warsaw, reviews these developments and provides information on the number and types of cases referred to mediation in recent years, as well as the use of mediation agreements in court decisions.

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Truth and Reconciliation in Greensboro

Truth and Reconciliation Commissions have been convened to address human rights atrocities in several countries. The commissions document what happened and the harms that resulted, and when they work well, they point the way toward reconciliation. One community in the United States, Greensboro, North Carolina, is using this model to address the continuing effects of killings that took place during a 1979 civil rights rally. In this article, Joya Wesley, a freelance journalist working with the Greensboro Truth and Community Reconciliation Project (GTCRP) describes the work of the project.

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