You will have the chance to meet at a restorative justice conference, to talk about what happened and to hear from others and to offer or receive an apology. You will have the support of facilitators and other people you want to involve.

In a restorative justice conference:

victims can have a say and focus on their needs

offenders can take responsibility for what they have done and can offer to try to put things right for victims.

Conferences are safe and private and run by trained facilitators.

Victims and offenders are encouraged to have support people with them.

A meeting will be held only if the victim and the offender agree to take part.

The offender must always accept responsibility for the offence, before a restorative justice process takes place.

Participation in restorative justice is always voluntary and you can choose whether or not to be involved or change your mind at any time.

Who works in restorative justice?

The Ministry of Justice contracts restorative justice groups in many parts of New Zealand and there are some services not contracted by the Ministry.

To find out whether there is a restorative justice group in your area, look on the Ministry of Justice website (www.justice.govt.nz) or contact the Ministry’s Crime Prevention Unit on 04 496 3350.

Restorative justice groups

These groups and agencies are able to work in ways that suit their community. They have good links with other community-based services.

The groups choose the most appropriate facilitators or panel members for each case.

Restorative justice facilitators

Facilitators are the people from the groups who organise and run meetings or conferences. They may sometimes use different titles, but the role is the same.

They have been trained to make sure that conferences are safe and supportive.

Where possible, the facilitators will come from similar cultural backgrounds to the victim and offender.

Sometimes facilitators work in pairs so that one can take notes and write the conference report.

A facilitator will contact the victim at least once after the restorative justice conference, and can suggest other organisations and people if they need further support.

Community panel members

Some restorative justice groups involve members of the community in the restorative justice meeting. The panel members, as they are known, can be involved as well as direct victims.

Panel members have a wide range of skills and experience that they can use to help the restorative justice meeting.

Restorative justice co-ordinators

There are restorative justice co-ordinators employed by the Ministry of Justice in Auckland, Waitakere, Hamilton and Dunedin District Courts.

The co-ordinator usually meets with offenders after they have been referred, to see if they are suitable and willing to be involved in restorative justice. If they are, then the co-ordinator sends the case to a restorative justice group.

The co-ordinators do not attend conferences. Their role is to make sure that cases referred for restorative justice run smoothly.

The restorative justice process

Before a conference

If an offender takes responsibility for an offence that has affected others, restorative justice may be a way for everyone affected to find a way forward.

Restorative justice facilitators meet separately with the offender, the victim and their support people, to assess whether a restorative justice conference would be helpful.

They usually talk with the offender first to see if they are willing and suitable to take part. If it seems unsafe for the victims or doesn’t seem likely to be positive the facilitators may decide not to go ahead.

If the offender doesn’t take responsibility, is aggressive, or cannot participate fully because of ill health or a disability the process will not proceed.

If the victim and offender agree to meet and there is likely to be a positive outcome, the facilitators arrange a conference.

Sometimes the conference will involve members of a community panel as well as, or instead of, a direct victim.

All restorative justice staff should have had training and each restorative justice group must have a have a written complaints process.

You should be able to expect that all restorative justice facilitators and co-ordinators:

explain the restorative justice process to you fully, and keep you informed

encourage you to ask questions and help you to feel safe and supported

encourage you to involve people who can support you.

At a conference

A restorative justice conference is a relatively informal meeting between the offender and the people affected. They are there to talk honestly about what happened, what harm has been caused, and to work out ways forward. Conferences are private meetings, however a report is prepared for the Court. How participants agree to move forward is for them to decide. Some conferences result in an agreement on a plan of actions that the offender will do to put things right, but this is not the outcome at every conference.

The conference facilitators help the participants to address the issues.

The participants talk about the offence and the issues around it.

The facilitators make sure that everyone is safe and supported, and that all participants have their say without interruption.

Most conferences will agree on things the offender can do to begin to put right the harm caused by the offence.

A report of the meeting and any agreements will go to the Judge if the meeting happens before sentencing.

After a conference

The facilitators write a report about what happened at the conference and any agreements reached. Copies are also given to the victim, offender, and any others involved in the case, such as the police prosecutors, victim advisers, probation officers and lawyers.

The purpose of the restorative justice report is to clearly set out agreements, perhaps as information for a Judge. They are not used to make sentencing recommendations to the Court.

If the offender is still waiting to be sentenced the restorative justice report is given to the sentencing Judge.

The Sentencing Act 2002 requires the outcome of restorative justice processes to be taken into account by Judges when sentencing. The Judge also considers any other reports such as a pre-sentence report about the offender written by the Probation Service or a Victim Impact Statement.

The Judge chooses whether or not to make all, or some, of any restorative justice agreement part of the sentence.

The Judge must, by law, consider what victims think, but also has to think about other information and laws when deciding on the sentence.

Conference participants

Victims

Restorative justice puts the people most affected by crime, the victims, at the heart of the justice system.

People who have been victims of crime often want:

a real voice in the process

the offender to take responsibility for their actions

their own family and the offender’s family to understand the impact the offending has had on them

to ask questions

to ensure that others will not be victimised by the offender.

By taking part in restorative justice, victims can:

tell the offender how they have been affected

have a say in how the harm can be repaired

begin to resolve some of the effects of the offence.

Participation is voluntary. Victims can choose whether they want to continue at all stages, and are encouraged to involve support people or whānau.

Offenders

By taking part in the restorative justice process, offenders can:

apologise directly to the victim

hear about how their actions have affected others

take responsibility for their actions

be part of deciding how the harm can be repaired

take steps to avoid offending again.

Participation is voluntary, and offenders can withdraw from restorative justice at any time .

The offender is encouraged to speak with his or her lawyer and support people or whānau before agreeing to the process.

Support people

It is very important that victims and offenders involve people who can support them. They will be encouraged to include family and wha-nau, friends and/or community support people before, during and after the conference.

Victims can choose to involve someone from Victim Support or another support agency.

Everyone at a conference or meeting will be given the opportunity to speak.

Other invited parties

The Police

The police officer in charge of the case may be invited to the conference. The police officer’s job has generally been completed by the time the conference takes place, by gathering the evidence and putting the case before the Court.

If they attend, police officers can speak from personal knowledge of similar offending and the harm that it has caused others, and also about the particular victim’s trauma at the time the offence was committed.

Police prosecutors will receive a copy of the restorative justice report before sentencing.

Probation officers

Probation officers involved with an offender or with writing the pre-sentence report may be invited to a conference.

Like the Police, they can contribute to the meeting with comments from their experience. They might offer advice, if asked, about sentences for similar offending.

Probation officers are not part of any agreement between the victim and offender. However, if the agreement is included by the Judge in a supervision sentence, the Probation Service may be involved in making sure it happens.

The Probation Service will receive a copy of the restorative justice report and will normally comment on it in its pre-sentence report.

Lawyers

An offender’s lawyer’s first role in the restorative justice process is to discuss the restorative justice option with their client.

This is part of the advice they will give their client about choosing to defend the case, or to plead guilty.

If the offender chooses to plead guilty and to participate in restorative justice, the lawyer may be invited to the conference. However, the lawyer’s role is to assist the process rather than actively participate.

Cultural considerations

Respect for the cultural customs of the victim, offender and community is an important part of the restorative justice process.

Where possible, cases involve restorative justice facilitators or panel members with the same cultural background as the victim and offender.

A number of restorative justice providers are based on marae or are part of an iwi-based service.

Victims and offenders can choose to meet at a place that is appropriate to them, for instance, if they both agree, a conference could be held on a marae or at a cultural centre.

Interpreters are used when needed.

Other Information

Restorative justice and family group conferences

The restorative justice process differs from family group conferences in three important ways:

the restorative justice process will go ahead only if the victim wishes to participate

the process is voluntary for all parties, at all stages

this programme deals with cases involving adult offenders appearing for sentence in the District Court.

Advice and resources

There are never too many questions and they are always important.

Facilitators can answer any questions you might have.

You can ask your facilitator or co-ordinator for a restorative justice DVD or visit www.justice.govt.nz

You should talk to the people who are important to you and take the time you need to make your decision about taking part in restorative justice.

FOR MORE INFORMATION ON RESTORATIVE JUSTICE

Ministry of Justice
PO Box 180
Wellington
Phone: (04) 918 8800
www.justice.govt.nz

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