A/HRC/25/47 of prison or less; it has helped to significantly decrease recidivism.22 In this process, the court has an oversight function and may intervene if it considers that the conference and the agreement have not been conducted lawfully and in respect of the rights of the child. Victim-offender mediation23 2. 67. Victim-offender mediation is a model often applied in cases involving minor offences committed by children, although it is also used for more serious offences. This model is most commonly used as an alternative referral by the court after the offender has made a formal admission of guilt.The process promotes dialogue in a safe and structured setting, which allows the young offender to learn about the impact of his or her offence while helping the victim and offender to develop a mutually acceptable plan to address the harm that has been caused. Circle sentencing24 3. 68. Circle sentencing derives from traditional conflict resolution mechanisms practiced among indigenous people in Canada and the United States of America. Integrating traditional justice rituals and formal criminal justice procedures, the circle commonly includes the victim and the offender and their respective communities of support, as well as the judge and court personnel, prosecutor, defence lawyers, police and any community members who have an interest in the case. It is facilitated and presided over by the court judge. 69. Participants devise a sentencing plan that meets the needs of all parties and is then formally incorporated into a court sentence. The goal is to heal all those affected — including the offender — and facilitate rehabilitation and prevent recidivism. Circles show consistent compliance rates, and an agreement is reached in an overwhelming majority of cases that are dealt with through circle conferencing. Community reparative boards25 4. 70. Community reparative boards, which have been long practised in the United States, are a form of community sanctioning that are court ordered and made up of a group of trained community members. Together with the offender, the board develops a time-bound sanction agreement. After the agreed time has passed, the board is responsible for follow-up and the subsequent submission of a report to the court concerning the offender’s compliance. 71. Recently these reparative boards have also included victims in their meetings. The process aims to instil in the offender a sense of ownership of the agreement and the justice process, thereby fostering responsible citizenship. Victim impact panels26 5. 72. Victim impact panels are forums where victims of certain offences meet with offenders of the same type of offence in order to give their account of the impact the 22 23 24 25 26 Abbey J. Porter, “Restorative conferencing in Thailand: a resounding success with juvenile crime” (International Institute for Restorative Practices, 2007). Available from www.iirp.edu/iirpWebsites/web/uploads/article_pdfs/thailand.pdf. Promoting Restorative Justice for Children, p. 11. Ibid., pp. 12–14. Ibid., pp. 14–15. Ibid., p. 15. 15

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