Restorative Justice
Definition
A process in which the victim, the offender, and relevant community members meet with a trained facilitator to discuss the harm caused, its impact, and what the offender can do to repair it. The goal is a consensually agreed outcome that addresses the needs of all parties rather than simply applying a predetermined punishment.
- Participants
- Victim, offender, community members, facilitator
- Goal
- Consensual outcome addressing harm and repair
- Format
- Facilitated dialogue, not adversarial hearing
- Common models
- Victim-offender mediation, community conferencing
Common questions
Does restorative justice replace criminal prosecution?+
It can run alongside, before, or instead of formal prosecution depending on the jurisdiction and the offence, often used as a diversion for less serious cases or as a supplement to sentencing rather than a full substitute for the justice system.
What happens if the victim does not want to participate?+
Restorative justice is voluntary for the victim, and the process does not proceed without their willing participation. If they decline, the case is typically handled through the standard prosecution or sentencing pathway.
How does restorative justice differ from mediation used in civil disputes?+
Both use facilitated dialogue, but restorative justice specifically centres the harm caused by a criminal offence and often includes community members alongside victim and offender, aiming at repair and accountability rather than a negotiated settlement of competing claims.
Related terms
- Circle Sentencing
- A community-led sentencing process, drawn from Indigenous justice practice in Canada, in which a judge, offender, victim and community members sit in...
- Community Sentence
- A non-custodial sentence served in the community, typically combining unpaid work requirements, supervision by a probation officer, or rehabilitative programme attendance. The...
- Diversion Programme
- A scheme that redirects an alleged offender away from formal prosecution, typically for minor or first-time offending, into an alternative process such...
- Drug Court
- A specialist court that diverts substance-dependent offenders from prosecution into supervised treatment, with the judge playing an active monitoring role. Participants who...
- Electronic Monitoring
- The use of radio-frequency ankle tags or GPS tracking devices to enforce curfews or geographic exclusion zones as a condition of bail,...
- Family Group Conference (FGC)
- A restorative justice model developed in New Zealand under the Children, Young Persons, and Their Families Act 1989, in which a young...
- Family Group Conferencing
- A restorative process, developed in New Zealand youth justice, that brings the offender's and victim's extended families together with professionals to agree...
- Incapacitation
- The justification for imprisonment that focuses on preventing crime during the sentence by removing the offender from society, regardless of whether their...
- Net Widening
- The expansion of formal state control that occurs when a diversionary or community-based measure draws in minor cases that would otherwise have...
- Parole
- Conditional early release from a custodial sentence after a portion has been served. The released person remains under supervision and subject to...
- Post-Traumatic Stress Disorder (PTSD)
- A recognised psychological disorder that can follow exposure to traumatic events including criminal victimisation. Diagnostic criteria include intrusive re-experiencing, avoidance, negative mood...
- Probation
- A community sentence served under supervision instead of custody. The offender remains in the community subject to conditions: regular reporting, curfews, attendance...
Explained in these topics
- Alternatives to Custody and Restorative Justice
- Corrections and the Criminal Justice System as a WholeAn approach that brings together the offender, the victim, and affected community members to address the harm caused, agree on reparation, and facilitate reint...
- Restorative Justice Mechanisms: Restitution and Victim-Offender MediationAn approach to responding to crime that treats it primarily as harm to victims and communities, and seeks repair, accountability and, where safe, reconciliatio...
- Victim Rights, Support, and the Impact of CrimeA process that brings together victims, offenders, and community members to address harm and agree on how to repair it, as an alternative or supplement to conv...