7/25/2019 Restorative Justice Law - Pre Sentence Family

1/4

Restorative justice services are nowavailable for family violence cases.Restorative justice focuses on redressingthe harm done to victims, while holdingoffenders to account. We have newspecialist accreditation and practicestandards to ensure the highest level ofservice and safety for all participants.Taking part in restorative justiceconferences is voluntary for both victimsand offenders.

On this page:

Family violence cases in restorative justice(#family-violence)

Restorative justice in sexual violence cases(#sexual-violence)

Family violence cases in restorativejustice

Accredited facilitators

The benefits of restorative justice in family violence cases

Which cases are suitable?

Voluntary participation is essential

an offender must plead guilty to the offence

both the victim(s) and offender must be willing to participate.

Victim safety is paramount

Specialist services in restorative justice

Specialist restorative justice facilitators for family violence cases are now available from every court in New Zealand.Facilitators are accredited by the Ministry of Justice and work to new family violence practice standards.

Successful outcomes can be achieved by restorative justice in family violence cases(#sup1) . It provides an opportunity toaddress the harm caused by the offender and enhance the safety and well-being of participants.

Restorative justice for family violence cases was evaluated by the Ministry in 2007. This evaluation and subsequentreviews have confirmed an emerging demand and interest in a specialist service for family violence cases. Family violenceis often characterised by isolation and secrecy. Support services and family participation in the restorative justice processcan provide necessary support for victims to talk about their experience. It also helps offenders to understand the impactand effect of their offending, giving them the opportunity to take responsibility and account for their actions.

To qualify for the restorative justice service:

Cases involving serious or ongoing risk to victims and cases where current protection orders, police safety orders orrestraining orders are in place are very unlikely to be suitable. Restorative justice services include police referrals as partof the Police Adult Diversion Scheme. Initial enquiries about restorative justice may come from the victim, offender,lawyer, police or judge.

Core principles of maintaining safety and voluntary participation underpin all restorative justice services.

Safeguards in the new service include:

Services Courts Tribunals Policy Justice sector Treaty settlements

Consultations

7/25/2019 Restorative Justice Law - Pre Sentence Family

2/4

a requirement for referrals to be managed by an accredited facilitator according to the new practice standards

comprehensive risk assessment and safety planning

recognition victims may face pressure from offender/s to participate

linking victims with relevant community support services, often in the pre-conference stage

a new quality assurance process and reporting to the Ministry including regular feedback from clients

victim and offender post-conference follow-ups to review satisfaction with the service and give feedback to courts

and victims about compliance with conference plans.

How are risks managed?

What consultation was undertaken in developing the new family violencestandards?

There was universal agreement that victim safety should be paramount in developing restorative justice services

and standards.

Stakeholders wanted practice standards that reflected the potential benefits and risks for participants.

It was recognised that the restorative justice sector needed to be well-trained and linked with local providers that

handle family violence.

There was strong support for accreditation by the Ministry for facilitators who demonstrated relevant specialisttraining, skills and competencies.

Will the family violence service be evaluated?

Restorative justice in sexual violence cases

The benefits of restorative justice in sexual violence cases

Family violence offending creates real and potential risk for victims. Restorative justice processes recognise this risk andseek to reduce it. The restorative process gives victims a voice and an opportunity to engage with the offender and haveinput into how they would like the offending to be addressed. Victim Support, victim advisors, community advocates andsupport workers all play an important part in the restorative justice process. Specialist family violence facilitators mustundertake a robust assessment of all cases and participants to ensure only appropriate referrals progress to conferences.Restorative justice providers must have strong relationships with local community providers working to address family

violence. Many have formal memorandums of understanding (MOUs) with these specialist providers to deliver theirfamily violence service.

A wide range of Ministry of Justice, sector partner and community stakeholders were consulted during April, May andJune 2013. These included restorative justice providersand stakeholder groups that address family violence and sexual offending.

It was also clear many stakeholders (non-government and government) were unaware that pre-sentence restorativejustice services were available for family violence cases in many courts.

Ongoing monitoring and evaluation of the service will be part of the Ministrys reporting and quality and assuranceprocesses. Family violence restorative justice service will we evaluated in 2014/15 as part of the Ministrys review of the

justice sector funded expansion of pre-court restorative justice funding and services.

Sexual violence cases can now be referred to a specialist pre-sentence restorative justice service. A restorative justiceconference enables victims to tell the offender how the crime has affected them, to have a say in how the harm can berepaired and to start resolving some of the effects of the offending.Taking part in restorative justice conferences is

voluntary for victims and offenders.

Restorative justice would be suitable for victims of sexual offences if they are looking for a process that:

7/25/2019 Restorative Justice Law - Pre Sentence Family

3/4

A survey by the Ministry of Justice showedthat victimsparticipation in conferences

was enhanced when they have supportpeople present (Restorative Justice: Asurvey of victim satisfaction Ministry ofJustice, 2011).

makes sure victims get a say in how the harm is addressed

makes sure the offender takes responsibility for their crime

helps offenders understand the true impact of their offending.

Which cases are suitable?

an offender must plead guilty to the offence

both the victim(s) and offender must be willing to participate a judge must agree to refer the case to restorative justice.

Victim safety is paramount

a requirement for referrals to be managed by an accredited facilitator

comprehensive risk assessment and safety planning

recognition that victims may face pressure from offender/s to participate

linking victims with relevant community support services (often in the pre-conference stage)

a new quality assurance process and reporting to the ministry,including regular feedback from clients

victim and offender post-conference follow-ups to review satisfaction with the service and give feedback to courts

and victims about compliance with conference plans.

How are risks managed?

Sexual violence is rarely a one-off event. Victims are likely to know their attacker. For victims of sexual offences,restorative justice is likely to be one step in a much longer healing process. The process may also involve support orchange programmes and services for victims and offenders. A range of other family and community supports may also benecessary. The length and extent of the process will depend on the nature and extent of the sexual offending.Research

published by the Ministry of Womens Affairs identified that re-victimisation rates for sexual violence are over 50%(Lightning does strike twice: preventing sexual victimisation Ministry of Womens Affairs, 2012). Restorative justice canreduce re-offending. The sexual violence restorative justice service uses a case management approach with specialistrestorative justice facilitators, offender programme specialists and victim support workers. This ensures the offender canengage more fully in the restorative justice process and improves the likelihood that positive outcomes will be achieved.

Offenders lawyers, Police or court victim advisors can ask judges toconsider referring a case to restorative justice on behalf of victims oroffenders. To qualify for restorative justice:

Cases and participants are carefully assessed by experienced facilitators to determine if they are suitable for therestorative justice process. Cases involving serious or ongoing risk to victims and cases with current protection orders,police safety orders or restraining orders in place are unlikely to be suitable. If a facilitator decides that a restorative

justice conference cant proceed because there are outstanding safety issues or a positive outcome is unlikely for allparticipants, the facilitator will inform the participants and the judge that the restorative justice process will not go ahead.

Maintaining safety and voluntary participation underpin all restorative justice services.

Safeguards in the sexual violence restorative justice service include:

Sexual violence offending creates real and potential risk for victims. Restorative justice processes recognise this risk andseek to reduce it. The restorative process gives victims a voice and an opportunity to engage with the offender and provideinput into how they would like the harm to be addressed. Victim Support, victim advisors, community advocates andsupport workers all play an important part in the restorative justice process. Specialist sexual violence facilitators mustundertake a robust assessment of all cases and participants to ensure only appropriate referrals progress to conferences.Restorative justice providers must have strong relationships with local community providers working with sexual violencesurvivors and those providing intervention programmes for offenders.

7/25/2019 Restorative Justice Law - Pre Sentence Family

4/4

Accredited facilitators

Will the sexual violence service be evaluated?

Footnotes

Provider groups and facilitators are delivering services according to robust practice standards and facilitators areaccredited by the Ministry of Justice. Facilitators fully understand the needs of sexual offence victims and the dynamics ofsexual violence. Risk assessment and safety planning for all parties is a key aspect of the sexual violence restorative justiceservice. Specialist accreditation and practice standards ensure a safe and high-quality service.

The sexual violence restorative justice service will be evaluated in 2014/15 as part of the ministrys wider justice sectorpre-court restorative justice review. Ongoing monitoring and evaluation of the service will be part of the ministrysreporting and quality and assurance processes.

Successful outcomes can be achieved by restorative justice in family violence cases. Please refer to Julich, Buttle et al,(2010);An exploratory study of restorative justice and sexual violence; Hayden, Anne, (2012)Safety issues associatedwith using restorative justice for intimate partner violence; Womens Studies Journal, Vol 26;2;Nelson Restorative

Justice comparative quantitative analysis 2013, unpublished paper, RJA website.