Skip to content. | Skip to navigation

Personal tools

Navigation

Statutes

Statutes, and articles about them, concerning restorative justice.

Lee, Pete. 2009. Overview of Restorative Justice in Colorado Law.
Colorado’s Children’s Code incorporates restorative justice through a declaration of legislative intent set forth in CRS 19-2-102 and implements it through provisions enacted pursuant to HB 07-1129 and HB 08-1117.
Restorative juvenile justice legislation and policy: A national assessement
While the modern day restorative justice movement continues to evolve at the state and community levels, jurisdictions have addressed juvenile justice system concerns with policy and legislative agendas. These actions have lead to a response to juvenile crime and established a balance between the needs of victims, offenders and community. This article serves as an update of the research completed by the author (O’Brien, 1999), who found that a majority of states had incorporated restorative justice language in legislation, policy, mission or program. Three states are also identified as model implementation states. (from the article)
Legislative Assembly for the Australian Capital Territory. Crimes (Restorative Justice) Act 2004
This document consists of the text of a legislative Act to provide a process of restorative justice for victims, offenders, and the community, as well as for other purposes. Called the Crimes (Restorative Justice) Act 2004, it was enacted by the Legislative Assembly for the Australian Capital Territory. The sections of the Act are as follows: preliminary information about the Act and this document itself; underlying principles of restorative justice; key concepts of restorative justice; application of the Act (i.e., types of applicable offenses); eligibility for restorative justice; referral for restorative justice; suitability for restorative justice; restorative justice conferences and agreements; administration of the Act; miscellaneous information; and a dictionary of key terms used in the Act.
Legislative Assembly for the Australian Capital Territory. Crimes (Restorative Justice) Bill 2004
The objects of this Act are as follows: (a) to enhance the rights of victims of offences by providing restorative justice as a way of empowering victims to make decisions about how to repair the harm done by offences; (b) to set up a system of restorative justice that brings together victims, offenders and their personal supporters in a carefully managed, safe environment; (c) to ensure that the interests of victims of offences are given high priority in the administration of restorative justice under this Act; (d) to enable access to restorative justice at every stage of the criminal justice process without substituting for the criminal justice system or changing the normal process of criminal justice; (e) to enable agencies that have a role in the criminal justice system to refer offences for restorative justice. (excerpt)
Solicitor General, Canada. Consolidated Report: Report on the Provisions and Operations of the Corrections and Conditional Release Act
This report provides information on the CCRA and related issues in order to support review of the legislation by a parliamentary committee. As such, this report is factual, presenting detailed information on legislative implementation, and perceived impacts and effects. The report has six sections. The first is the executive summary, followed by this brief introductory section. The third section provides a short history of corrections and conditional release in Canada. Section four situates the CCRA in context during its development and initial implementation. Key challenges and opportunities in the 1980s, and 1990s are outlined in this section. Section five provides detailed information on the provisions and operations of the CCRA from November 1992 to March 31, 1997. Information is also provided for the very limited experience with changes to the CCRA which were introduced through Bill C-55 in July 1997. The final section (six) provides brief concluding remarks. (excerpt)
Eaton, Jonathan and McElrea, F W M. Sentencing - the new dimensions.
In June 2002 the New Zealand Law Society hosted a seminar on the new sentencing and parole acts in New Zealand. The seminar provided important but general instruction on the provisions of the Sentencing Act 2002 and Parole Act 2002. In addition, the seminar summarized the many changes that had been made to the provisions of the Criminal Justice Act 1985. As Eaton and McElrea state, they go beyond the content of that seminar in this material by concentrating on and developing a number of new dimensions to sentencing that arise under those two acts, as well as under the Victims Rights Act 2002. Eaton and McElrea proceed from the perspective that those three statutes require all involved in the criminal justice process to reevaluate their approach to questions of sentencing, parole, and victims’ rights. To detail this, they look at principles of restorative justice, court procedures for dealing with restorative justice cases, offers or agreements to make amends for harm caused, restorative justice outcomes in formal sentences, counsel’s role in restorative justice cases, and a pilot scheme for restorative justice in the district courts.
Fier, Johnathan and Lightfoot, Elizabeth and Umbreit, Mark S. Legislative Statutes on Victim Offender Mediation: A National Review
In this article, Umbreit, Lightfoot, and Fier document the existing statutory authority relating to victim-offender mediation (VOM) in states in the United States. A dialogue between crime victims and offenders, VOM is a bedrock of restorative justice, as the authors state. General mediation procedures are common in civil and family statutes; this analysis focuses on mediation in criminal rather than civil cases. The article covers the authors’ research methods; identifies a continuum of statutory authority related to VOM in the states; notes variations in statutory provisions; and presents key conclusions about VOM and statutory authority based on the analysis.
United Nations Economic and Social Council Secretary-General Austria. Standards and Norms in Crime Prevention and Criminal Justice
The constituencies represented in this report include Member States, United Nations entities, other intergovernmental organizations, nongovernmental organizations, and institutes. Information on initiatives and applications of United Nations standards and norms in crime prevention and criminal justice in various countries and regions encompasses penal reform, the administration of juvenile justice, missing children and the sexual abuse and exploitation of children, restorative justice, and crime prevention. In the area of penal reform, United Nations standards and norms have focused on improving prison conditions, reducing prison overcrowding, and increasing reliance on alternatives to imprisonment. Regarding the administration of juvenile justice, U.N. standards and norms have addressed juvenile crime prevention, the strengthening of juvenile justice systems, improvement in the rehabilitation and treatment of juvenile offenders, and improvement in the protection of child victims. Standards and norms regarding missing children and sexual abuse and exploitation of children have focused on action to promote cooperation with civil society in addressing these problems, measures against child prostitution, and time limits for penal proceedings. For each of the areas covered by the standards and norms, this report summarizes the responses regarding initiatives to implement the standards in member countries and by various organizations. Overall, the information provided indicates that changes and reforms have been introduced in legal systems in many parts of the world in an effort to upgrade and strengthen the capacity of criminal justice systems according to the criteria of U.N. standards and norms. Abstract courtesry of National Criminal Justice Reference Service, www.ncjrs.org.
New South Wales Consolidated Acts. YOUNG OFFENDERS ACT 1997
This legislation, the Young Offenders Act, 1997 in Section 34, gives the "principles and purposes" of conferencing. Some of the principles listed include promoting responsibility for the crimes committed, strengthening the family, providing rights for the victim, and providing developmental services for the offender. The purpose of each conference is to “make decisions and recommendations about, and to determine an outcome plan in respect of, the child who is the subject of the conference.�? With this, children should be dealt with fairly during conferences while also retaining responsibility for their offensive actions. Reparation for the victim is also included in this.
Canadian Legal Information Institute. Youth Criminal Justice Act - General Provisions
This legislation, the Youth Criminal Justice Act, Section 7, describes community-based programs and their general provisions. The Attorney General of Canada or a “minister designated by the lieutenant governor in council of a provinceâ€? can establish community-based programs that provide alternatives to judicial proceedings. These may including victim-offender mediation and other mediation and restitution programs.
Canadian Legal Information Institute. The Community Justice Programs Regulations
This piece of legislation details regulations for community justice programs. These include family violence education, aboriginal court worker program, community capacity building, and victim-offender mediation (a restorative justice program). Generally, these programs, specifically victim-offender mediation, help to reduce the risk of re-victimization. Regulations on application and financial need for the programs are also discussed in the paper.
Government of Saskatchewan. Community Justice Programs Regulations
This piece of legislation details regulations for community justice programs. These include family violence education, aboriginal court worker program, community capacity building, and victim-offender mediation (a restorative justice program). Generally, these programs, specifically victim-offender mediation, help to reduce the risk of re-victimization. Regulations on application and financial need for the programs are also discussed in the paper.
Australian Law Refrom Commission. Seen and heard: priority for children in the legal process. Appendix D: List of recommendations.
This article deals with children’s advocacy in areas of law, education, and services. In family law proceedings, family group conferences are suggested to ensure that the rights of the child are being upheld during the process. Pre-hearing conferences are also suggested to “encourage the adoption in all jurisdictions of effective conferencing models.â€? Implementation of these conferences will occur with the help of research done by the Australian Child Protection Advisory Council. Various rules and regulations established by advocates have also been included in this document.
Queensland Parliament. Criminal Offence Victims Act 1995.
An Act to establish principles of justice for victims of criminal offences, and to make provision for the payment of compensation to them. (excerpt)
UK Parliament. Youth Justice and Criminal Evidence Act 1999.
4. Part I of the Act provides further reform to the youth justice system in England and Wales.; 5. The White Paper No More Excuses (CM 3809 November 1997) included a range of proposals to improve the effectiveness of the youth court in preventing offending by children and young people. This is now the principal aim of the youth justice system.; 6. The Crime and Disorder Act 1998 gave effect to a number of the White Paper proposals, including new sentences for young offenders and a final warning scheme to replace juvenile cautions. 7. The Youth Justice and Criminal Evidence Act gives effect to further reforms to theyouth court proposed in the White Paper. It creates a new sentence of referral to a youth offender panel. Referral will be available for young people convicted for the first time and its primary aim is to prevent re-offending.; 8. The youth offender panel will work with the young offender to establish a programme of behaviour for the young offender to follow. The programme will be guided by the following three principles ('restorative justice'): 1)Making restoration to the victim; 2) Achieving reintegration into the law-abiding community; 3) Taking responsibility for the consequences of offending behaviour. (excerpt)
Home Office. Draft Criminal Justice Act 2003, Sections 22-27. Conditional Cautioning: Code of Practice
The Code governs the use of conditional cautions under Part 3 of the Criminal Justice Act 2003 (“the Actâ€?). The text of the relevant provisions of the Act is attached at Annex A. Conditional cautioning enables offenders to be given a suitable disposal without the involvement of the usual court processes. Where rehabilitative or reparative conditions (or both) are considered preferable to prosecution, conditional cautioning provides a statutory means of enforcing them through prosecution for the original offence in the event of non-compliance. The key to determining whether a conditional caution should be given – instead of prosecution or a simple caution – is that the imposition of specified conditions will be an appropriate and effective means of addressing an offender’s behaviour or making reparation for the effects of the offence on the victim or the community. The Act defines a conditional caution as ‘a caution which is given in respect of an offence committed by the offender and which has conditions attached to it’. (excerpt)
General Assembly of the State of Colorado. An Act Concerning a Restorative Justice Program in the Juvenile Justice System
Legislation dealing with restorative justice in the juvenile justice system
UK Parliament. Crime and Disorder Act 1998, sections 65-69
UK legislation setting out criteria for dealing with juvenile offending. The provisions include cautioning and the work of youth offending teams.
Parliament of Victoria. Version No. 075, Children and Young Persons Act 1989
Legislation related to conferencing and indigenous courts in Australia.
Saskatchewan Justice. Use of Adult Alternative Measures in Saskatchewan: 1999-2000 and 2000-2001. Appendices: Alternative Measures Policies
Over the past several years, many agencies and justice organizations have developed alternative measures programs as a way of dealing with conflict. As a result, both the federal and provincial governments have developed policies and guidelines regarding the use of alternative measures and the development of alternative measures programs. This booklet introduces the concept of alternative measures and provides the legislation and policies that govern the use of alternative measures in Saskatchewan. (excerpt)

Document Actions

Restorative Justice Online - Featured Video

Restorative Justice Library Search

Search 11427 publications on restorative justice