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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents