Restorative justice

Restorative justice is a family of processes and programmes that respond to wrongdoing by addressing harm and the needs and responsibilities it creates. In criminal matters, it treats crime as a violation of law and as an act that can injure victims, families and communities. It creates a structured opportunity for affected people and the person responsible, when appropriate, to help determine how the consequences should be addressed. The emphasis is not simply on assigning a penalty: it can also involve acknowledging harm, taking responsibility and supporting recovery or reintegration.

Common forms include victim–offender mediation, conferencing and circles, often guided by a trained facilitator. Their format and participants vary with the programme and the circumstances of a case. A process may lead to an agreed action such as an apology, restitution, reparation or community service, or to other steps that address the parties’ needs and responsibilities. Outcomes depend on the process and case; if the participants do not reach an agreement, the case may return to the established justice system.

International guidance emphasizes that participation should be informed and voluntary: parties should understand their rights and the nature and possible consequences of the process, and should be able to withdraw consent. Safety, fairness and differences in power between participants matter when deciding whether a process is suitable. United Nations principles state that restorative processes should be used only when there is sufficient evidence to charge the person and both the victim and the person responsible freely consent. If a process is unsuitable or no agreement is reached, the case may return to the established criminal justice system; a failure to agree should not itself be treated as evidence of guilt. The applicable rules depend on national law.

Restorative justice may operate alongside conventional criminal proceedings or, under a jurisdiction’s laws, as an alternative at different stages of the justice process. It is not a single uniform model: programmes differ in who can take part, how cases are referred, what support is available and how outcomes are recorded or supervised. Agencies including the United Nations Office on Drugs and Crime describe it as a flexible approach, while international and national guidance stresses safeguards for participants. Its role is therefore shaped both by the needs of those affected and by the legal framework in which a programme operates.