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Belgrave, John. Restorative Justice: A Discussion Paper.

In New Zealand, when it was became apparent that the adoption of a restorative focus in the adult jurisdiction could constitute major new public policy, the NZ Ministry of Justice requested input on the wide range of views that had to be considered on this issue. This paper endeavoured to set out the main options that the ministry identified as a result of its investigations (without reaching a conclusion), so that those who wished to participate in the consultation knew the issues on which the ministry was seeking input.

South African Law Commission. Juvenile justice

This lengthy paper consists of a proposal for a cohesive child justice system in South Africa. The aim of the system would be to hold young people accountable for their actions while at the same time keeping them from entering deeper into the criminal justice system. Background to the paper includes a situation analysis, with particular reference to the context following the demise of apartheid and the emergence of a call for a comprehensive juvenile justice system. The paper proceeds with an overview of the proposed child justice system, and a comparative survey in relation to juvenile justice in other countries (New Zealand, Uganda, and Scotland). Principles and framework for the proposed system are articulated (reference is made to international declarations and guidelines on juvenile justice). On the basis of all of this, specifics of the system are detailed in the following areas: the issue of age in relation to criminal responsibility; pre-trial procedures pertaining to police powers and investigation; assessment and referral; preliminary inquiry or hearing before a magistrate; court procedures; sentencing; review, appeal, and monitoring systems; legal representation; and confidentiality and expungement of records. Specific recommendations are made, and the paper concludes with a proposed draft bill.

Attorney General’s Department. Community justice conferencing for adult offenders discussion paper

Beginning in 1999, under the auspices of the New South Wales Government, a Working Party studied the possibility of a conferencing scheme for adult offenders. This discussion paper resulted from that study. The paper consists of several parts. (See the Internet addresses above for the text of the paper.) The first two parts provide background to the paper and a model for a conferencing scheme. Chapter 1 details the need for a new approach to adult offending. Chapter 2 examines the idea of conferencing, as well as relevant programs, legislation, benefits, and limitations. Chapter 3 proposes a framework for community justice conferences for adult offenders in New South Wales. A bibliography concludes the discussion paper.

Marshall, Tony F. Restorative Justice: An Overview

This substantial report from the Home Office in the United Kingdom provides a comprehensive overview of restorative justice principles and practices: key ideas and perspectives; historical sketch; limitations; relevant organisations; practices; research on restorative justice; and major issues in the development of restorative justice.

South African Law Commission. Project 106: Juvenile Justice Report

Following ratification in 1995 of the United Nations Convention on the Rights of the Child, the South African Law Commission was requested to research juvenile justice and make recommendations to the South African Minister of Justice for the reform of this particular area of law. The Commission conducted this research through several stages: an Issue Paper published in 1997 for comment; consultation with relevant government and civil society organizations on the basis of the Issue Paper; a follow up comprehensive Discussion Paper in late 1998, accompanied by a draft Bill for reform of juvenile justice; and a series of consultations on the 1998 Discussion Paper with government departments and non-governmental organizations key to juvenile justice. This document from July 2000 constitutes the culmination of the Commission's research and consultations; it consists of the Commission's submission to the Minister for Justice and Constitutional Development. The report contains a final proposed draft Child Justice Bill and chapters on the following topics: principles and framework for the legislation; age and criminal capacity; pre-trial procedures; detention of children and release from detention; assessment and referral; diversion; preliminary investigation; court procedures; sentencing; legal representation; appeal, review, and monitoring; and confidentiality and expunging of records.

Shaw, Margaret and Jané, Frederick. Family Group Conferencing with Children Under Twelve. A Discussion Paper

This discussion paper is concerned with the potential for using family group conferencing to respond to serious behavior by children under twelve. In the context of the Youth Criminal Justice Act, there is a commitment to consider the needs of young children under the age of criminal responsibility and to develop a coordinated approach. Family group conferencing is a form of collectiv e decision-maiking and conflict resolution which has been developed over the past ten years in a number of countries. It is seen as innovative, powerful, effective, and empowering for those involved. It provides for accountability for actions. It has been used for a widening range of situations including young offenders, child care and protection, and family violence and abuse. It can respond to the particular needs of individuals, whether victims or offenders and their families and communities, in a way which is sensitive to culture and specific histories and circumstances.

Office of Criminal Justice Reform. Hearing the Relatives of Murder and Manslaughter Victims.

This consultation paper describes proposed plans by the UK government to provide the relatives of murder and manslaughter victims a voice in criminal proceedings.

Missouri Sentencing Advisory Commission . Restorative justice is viable prison alternative

One of the charges of the Missouri Sentencing Advisory Commission is to explore real alternatives to imprisonment and report those findings to the Governor and General Assembly. This is a research piece on restorative and reparative justice researched and written for the Commission’s 2005 report. (excerpt)

Kittayarak, Kittipong. Restorative Justice in Thailand

In Thailand, like in many other Asian countries, restorative justice is not a new approach but a familiar concept well entrenched in the Thai traditions and culture. Many elements of restorative justice still remain in the traditional way of communal justice in some rural areas. With such solid background in the Thai culture and increasing problems resulted from the shortcomings of conventional criminal justice, it is not surprising to see a growing interest of restorative justice in Thailand. In my presentation, I will examine the experience of Thailand in implementing restorative justice to the Thai criminal justice process. Although restorative justice has been reintroduced in Thailand only recently, and an attempt for its implementation is only in the beginning stage, restorative justice has been very well received by the criminal justice communities and the public. There are also many indications that it is likely to be adopted as a viable alternative to the formal criminal justice process in various types of offenses. (excerpt)

Daubney, David. Establishing a Framework for the Use of Restorative Justice in Criminal Matters in Canada

The Canadian House of Commons Standing Committee on Justice and Solicitor General, which I had the honour of chairing, began its review of sentencing, conditional release and related aspects of the correctional system in the spring of 1987, about the time a protracted and difficult national debate on capital punishment was coming to an end. Many of the issues raised in the House of Commons and across the country during that debate went beyond the question of capital punishment. They demonstrated that public confidence in many aspects of our criminal justice system was low. Many Canadians felt that they were not being fully protected and that crime was out of control. The Committee believed that this public perception, whether well-founded or not, had to be addressed and the issues raised by it be faced. The Committee undertook this study partly as a result of this sense of public unease. (excerpt)

Criminal Justice System (England). ‘Compensation & Support for Victims of Crime’: Summary of Responses to a Home Office Consultation Paper

The consultation document and partial regulatory impact assessment was sent to over 150 interested organisations, key stake-holders, and individuals. These included representatives of victims’ groups, the police, transport sector, alcohol industry, and other government departments. The consultation document was also made available on the Home Office website. During the consultation period we held seminars for voluntary organisations, and met with representatives of the police, retail sector, motorists groups, as well as with members of other government departments. A total of 106 replies were received during the 12 week period of consultation, and 1,781 users opened the consultation paper from the Home Office website during the same period. The breakdown of respondents by category can be seen in Table 2. All respondents were asked if they were content for their views to be made public, and a full set of these responses is available from the contact point listed below in section 1.7. We are grateful for all the responses received. This paper tries to reflect the views offered, but inevitably, it is not possible to describe all the responses in detail. (excerpt)

Home Office. Iawndal a Chefnogaeth I Ddioddefwyr Troseddau: Papur ymgynghorol ar gynigion i ddiwygio’r Cynllun Digolledu am Niweidiau Troseddol a chynnig rhagor o amrywiaeth o gefnogaeth i ddioddefwyr troseddau

Rhaid i ni ganoli mwy o gefnogaeth ar y dioddefwyr i’w helpu i oresgyn y trawma a’r boen meddwl a ddioddefwyd, ac i ennyn eu hyder yn y system cyfiawnder troseddol. Mae hyn yn golygu, nid yn unig darparu iawndal ariannol, ond gwybodaeth, cyngor a chefnogaeth ymarferol. Mae’r argymhellion yn y papur hwn yn cyd-fynd ag ystod o weithgareddau ar draws y sectorau statudol a gwirfoddol i gefnogi dioddefwyr troseddau ac adeiladu ar y newidiadau yn y Ddeddf Cyfiawnder Troseddol i roi dioddefwyr yng nghanol y system cyfiawnder troseddol. Mae’r strategaeth Cyfiawnder Adferol a gyhoeddwyd yng Ngorffennaf 2003 yn anelu i ymdrin ag ail-droseddu ond hefyd i gynnig ffyrdd newydd o gynnig ateb i ddioddefwyr.Yr haf diwethaf fe gyhoeddwyd A New Deal for Victims and Witnesses – ein Strategaeth Genedlaethol sy’n nodi ein gweledigaeth ar gyfer ymagwedd gydlynol tuag at gefnogi dioddefwyr a thystion yn y system cyfiawnder troseddol a thu hwnt. Rydym am i iawndal i ddioddefwyr gael ei dargedu yn y ffordd iawn, ac iddo ddod o’r ffynonellau mwyaf addas. Credwn y dylai’r argymhellion a nodir yn y papur ymgynghorol hwn helpu i gyflawni hynny. (excerpt)

Home Office. Compensation and Support for Victims of Crime: A consultation paper on proposals to amend the Criminal Injuries Compensation Scheme and provide a wider range of support for victims of crime

We need to focus more support on victims to help them overcome trauma and distress suffered, and to build their confidence in the criminal justice system. This means not only providing financial compensation, but information, advice and practical support. The proposals in this paper complement a range of activity across the statutory and voluntary sectors to support victims of crime and build on the changes in the Criminal Justice Act to put victims at the heart of the criminal justice system. The Restorative Justice strategy published in July 2003 aims not only to tackle reoffending but also to offer new ways of providing resolution for victims. Last summer we published A New Deal for Victims and Witnesses – our National Strategy which sets out our vision for a co-ordinated approach to supporting victims and witnesses in the criminal justice system and beyond. We want compensation to victims to be targeted in the right way, and to come from the most appropriate sources.We believe that the proposals set out in this consultation paper should help us achieve that. (excerpt)

Ministero della Giustizia. La Mediazione penale e la giustizia riparativa

La giustizia riparativa può essere definita come un modello di giustizia che coinvolge la vittima, il reo e la comunità nella ricerca di soluzioni agli effetti del conflitto generato dal fatto delittuoso, allo scopo di promuovere lariparazione del danno, la riconciliazione tra le parti e il rafforzamento del senso di sicurezza collettivo. La sfida che la giustizia riparativa lancia, alle soglie del XXI secolo, è quella di cercare di superare la logica del castigo muovendo da una lettura relazionale del fenomeno criminoso, inteso primariamente come un conflitto che provoca la rottura di aspettative sociali simbolicamente condivise. Il reato non dovrebbe più essere considerato soltanto un illecito commesso contro la società, o come un comportamento che incrina l'ordine costituito - e che richiede una pena da espiare -, bensì come una condotta intrinsecamente dannosa e offensiva, che può provocare alle vittime privazioni, sofferenze, dolore e persino la morte, e che richiede, da parte del reo, principalmente l'attivazione di forme di riparazione del danno provocato. (estratto) (excerpt)

Thames Valley Police. Crime Reduction Strategy 2000/2005

Thames Valley Police is well positioned to implement this Strategy. We have been working in partnership with local authorities and other agencies for some time and so the framework is already in place to develop the Crime and Disorder Act and reduce crime through partnership. We have been the leading Force in terms of innovative ideas for social crime reduction. The competing demands on our officers in terms of abstractions for public order events are now over and we are determined to improve our detection rate. All of those factors will combine to see us reduce crime over the next five years. (excerpt)

South African Law Commission. Alternative dispute resolution

The South African Law Commission, established by the South African Law Commission Act (1973), undertakes research to study and investigate all areas of law in order to make recommendations for the development, improvement, modernization, and reform of law in South Africa. This document consists of an issue paper prepared by the Commission to elicit responses and serve as a basis for the Commission’s deliberations on alternative dispute resolution (ADR). Sections of the paper cover the origins of the Commission’s consideration of ADR; a description of the nature of ADR and types of ADR; specific issues with respect to ADR (the role of ADR in civil practice, and family mediation); and recommendations for the use of ADR in South Africa.

New Zealand Ministry of Justice. Restorative Justice: The Public Submissions

This document is an analysis of submissions received by the Ministry on restorative justice. The analysis identifies key themes and responses to specific issues, and also considers perspectives in relation to Mäori, Pacific peoples and victims. Overview of submissions. One hundred and thirteen submissions representing diverse interests were received.The views represented ranged from being highly supportive of to highly critical of the idea. Overall, the submissions were supportive of restorative justice. Opposition to restorative justice. Nine submissions were strongly opposed to restorative justice. Reasons included a view that it was too lenient, concern about the return of serious offenders to the community, a belief that it would not improve the situation for victims and the need for criminal justice processes to provide general deterrence. (excerpt)

The Audit Commission. A review of the reformed youth justice system: Youth justice 2004

The Audit Commission is an independent agency responsible for ensuring that public money is spent economically, efficiently, and effectively to provide high-quality local and national services for the public in the areas of local government, housing, health, and criminal justice. This document was published by the Audit Commission in 2004 for local authorities and the National Health Service in England & Wales. The report reviews the youth justice system in England & Wales following a relatively recent and radical overhaul of it. This reform stems from earlier reviews of youth justice in England and Wales by the Audit Commission, as well as from legislative changes made nationally in the youth justice system in the latter half of the 1990s, in particular the creation of a national Youth Justice Board and of multi-agency Youth Offending Teams. This 2004 review of the reforms looks at the current state of youth crime in England and Wales, systems for bringing young people to justice, management of Youth Offending Teams, and delivery of services to prevent and reduce youth offending. A number of appendices cover legislative reform of the youth justice system, Youth Justice Board targets for Youth Offending Teams, research methodology, community and custodial sentences, statistical analysis, and a glossary and references.

Home Office. Restorative justice: the Government’s Strategy - Responses to the consultation document

In July 2003 the British government published Restorative Justice: The Government’s Strategy. This consultation document generated many responses, coming from a wide range of criminal justice agencies, voluntary organizations, and individuals. This publication summarizes the many responses and gives an update on the government’s strategy. Four overarching themes emerged from the responses: (1) the need for careful implementation of restorative justice; (2) the implication of cultural change for the criminal justice system with respect to restorative justice; (3) the partnership role of voluntary and statutory agencies; and (4) the necessity of public understanding and acceptance of restorative justice. The document itself provides a description of the government’s restorative justice strategy, a summary of consultation responses, and annexes with lists of respondents, consultation questions, and examples of good practice on data sharing.

Correctional Service of Canada. Corrections in the 21st Century

As with most everything in modern life, the field of corrections does not stand still but changes over time. This document represents the Correctional Service of Canada’s attempt to look ahead and anticipate significant changes, to the extend that can be done, in order to plan for them and to operate appropriately in terms of policies and practices. Some of those anticipated changes include legislative revision, the demographics of the general population, shifting crime patterns, composition of the incarcerated population, health and behavioral characteristics of that population, new technologies and new concepts of governance and service delivery, and evolving public attitudes towards criminal justice issues. More specifically, the major topics covered in the document are these: crime reporting and the incarceration rate; drugs; initiatives for legislative change; technological advances; offender health; risk assessment; privatization; organized crime; victims; international tribunals; community corrections; and restorative justice. To a significant degree, the aim of the document is to stimulate discussion on the implications these trends may pose for the Correctional Service and other federal departments in Canada.