What is 'Restorative Justice'?
‘Restorative Justice’ is an approach to justice that focuses on repairing the harm caused by wrongdoing. It involves bringing together the people affected by a crime – such as the person harmed and the person responsible, to discuss the impact of the crime, and to explore ways the person responsible can make amends. The goal is to promote healing and accountability wherever possible.
The Restorative Justice Unit facilitates voluntary adult and juvenile pre and post sentence restorative justice processes in the following formats.
Restorative Justice Conferencing
Restorative justice conferences are an opportunity for the person harmed by an offence, and the person responsible, to come together for a discussion. This can occur using a "shuttle" method, face to face or virtually. ‘Shuttle’ conferencing occurs when the parties are present in separate rooms or other locations and take part in mediation without meeting face to face.
In pre-sentence criminal cases the Restorative Justice Unit may also be able to facilitate discussions regarding the payment of compensation with the person responsible for causing harm. Please note, we cannot enforce payments, or assist with Criminal injuries Compensation.
Conferences are an opportunity for the person harmed to:
- ask the person responsible any questions they may have,
- explain the impact of the offence,
- make suggestions for how the person responsible might be able to address the harm they have caused.
And for the person responsible to:
- provide answers to any questions the person harmed may have,
- be accountable for the harm they have caused by listening to the impact of the offence,
- offer an apology for the offence and its impact,
- take on board any suggestions made by the person harmed regarding how they might be able to address the harm they have caused.
How does a conference work?
Conferences can occur before or after an offender is sentenced and require a referral to be made to the Restorative Justice Unit. A referral can be made by an officer of the court, such as a lawyer or judge, or by the parties themselves.
When a referral is received, a Restorative Justice Officer will work with all parties to determine suitability for engagement in a restorative justice process, and which restorative justice process may be the most beneficial.
If the person harmed and the person responsible would both like to proceed to a conference, the Restorative Justice Officer will work with them to guide them through the process. Preparation involves exploring whether a conference is the best approach to meet the needs of participants.
If so, a Restorative Justice Officer will have several pre-conference conversations with all participants, to make sure that they are well prepared before communicating directly with each other. This preparation time gives participants an opportunity to carefully consider what they might like to say, how they might like to respond, and how they would like the conference to be structured.
When all participants are ready, a face to face, shuttle, or virtual conference will be arranged.
Both the person harmed and the person responsible are encouraged to bring a support person to the conference. Support persons will also be well prepared and will be given a clear overview of their role.
If a pre-sentence conference is arranged, a report providing a brief outline of the purpose and outcome of the conference will be provided to the relevant court.
Restorative Justice Information Exchanges
If a person harmed by an offence or the person responsible want to exchange information via a neutral third party, a Restorative Justice Officer can take on this role.
This can be suitable for those harmed who may not want to come “face to face” with the person who caused them harm but may want to ask a question such as “why me?”. This process can also be used by the person responsible to apologise via letter if the person harmed is open to receiving such an apology.
This process is also voluntary, so is dependent on both parties being willing to exchange/receive information.
In pre-sentence criminal cases the Restorative Justice Unit may also be able to facilitate discussions regarding the payment of compensation with the person responsible for causing harm. Please note, we cannot enforce payments, or assist with Criminal injuries Compensation.
How does this work?
This can occur pre or post sentence and requires a referral to be made to the Restorative Justice Unit. A referral can be made by an officer of the court, such as a lawyer or judge, or by the parties themselves.
When a referral is received, a Restorative Justice Officer will work with all participants to determine suitability for engagement in a restorative justice process, and which restorative justice process may be the most beneficial.
If the person harmed and the person responsible would like to proceed with an information exchange, the Restorative Justice Officer will act as a “go between”.
Where the information exchange takes the form of an apology letter, a Restorative Justice Officer will work with the person who caused harm to appropriately express their remorse, and to take responsibility for their actions.
If this occurs pre-sentence, a report summarising what occurs will be provided to the court.
When can a Restorative Justice process occur?
Show morePre and post sentence processes can be facilitated by the Restorative Justice Unit.
Pre-sentence restorative justice processes
Pre-sentence restorative justice processes occur after a guilty plea has been entered, but before sentencing.
Referrals for a pre-sentence restorative justice process can be made by anyone, but are usually made by a court, a person who has suffered harm, a person who has caused harm, or their legal representatives.
The outcome of the referral will be summarised and provided to the court prior to sentencing.
Post-sentence restorative justice processes
Post-sentence restorative justice processes can occur at any time between sentencing and the end of the sentence imposed.
In certain circumstances, the Restorative Justice Unit will accept referrals for cases where a sentence has expired.
Referrals for a post-sentence restorative justice process can be made by anyone but are usually made by a person who has suffered harm, a person who has caused harm, or the Victim Engagement Unit.
Who can Request a Restorative Justice process?
Show moreReferrals for a restorative justice process can be made by anyone, but are usually made by a court, a person who has suffered harm, a person who has caused harm, or their legal representatives.
In addition, a Community Corrections Officer (CCO) or Youth Justice Officer (YJO) may also make a referral, as part of preparing a pre-sentence report.
Referrals are made via email to RestorativeJustice@justice.wa.gov.au.
The Benefits of Engaging in a Restorative Justice process
Show moreFor persons harmed
Restorative Justice processes may result in several benefits for the person harmed, including:
- A Voice in the Process: Persons harmed have the opportunity to share their feelings, experiences and the impact of the offence directly with the person responsible. This can be empowering and validating.
- Emotional Healing: By engaging in restorative justice, persons harmed may be able to begin to process their trauma and work towards emotional healing. Restorative justice processes may result in a sense of closure, or reduced feelings of anger or helplessness.
- Accountability for those Responsible: Seeing the person who caused the harm taking responsibility for their actions may help to restore a sense of justice, or fairness.
- Control and Empowerment: Persons harmed are placed in the centre of all restorative justice processes, they are the party who dictates how fast, or slow, the process goes and what form the process takes. This may result in a feeling of empowerment and a greater sense of control.
- Reduction of Fear: Restorative justice can reduce feelings of fear or resentment towards the person responsible, as it allows the person harmed to confront the person responsible in a safe and supported space.
- Repairing Relationships: In certain circumstances restorative justice processes may involve two parties who were known to each other prior to the offence and may help to rebuild trust and allow those affected to move forward.
For persons responsible
Restorative Justice processes may result in a number of benefits for the person responsible for causing harm, including:
- Opportunity for Accountability: Those responsible for causing harm are required to take responsibility for their actions. Acknowledging the harm caused can lead to personal growth and a deeper understanding of the impact of their behaviour.
- Opportunity for Apology: It offers those responsible the opportunity to apologise for the harm caused, to demonstrate genuine remorse, and to work towards making things right in a meaningful way, rather than just facing punishment administered by a court.
- Emotional Healing and Closure: Engaging with persons who have been harmed can help those responsible confront their past actions, understand the impact of their behaviour, and possible work through their own feelings of guilt and shame. This can promote emotional healing and personal development.
- Skill Development: Restorative justice programs often include discussions regarding appropriate conflict resolution methods, empathy and communication skills, which can help offenders develop more positive behaviours and avoid future offenses.
Information for Lawyers
Show moreProtective bail conditions will need to allow for participation in restorative justice processes. This can usually be done by requesting the words, "except for purposes of restorative justice as directed by the Restorative Justice Officer" be added to the existing protective bail conditions.
Lawyers can contact the Restorative Justice Unit directly at restorativejustice@justice.wa.gov.au.
Frequently Asked Questions
Show more1. How long does a restorative justice process take?
It is important to note that all processes are entirely voluntary and centred on the person harmed. As such, processes essentially take as long as they need to take.
Pre-Sentence
From the point of referral, the process can take a number of weeks. Once a referral has been received, a Restorative Justice Officer will interview both parties to obtain their views, concerns, and attitudes towards the matter. Should a restorative justice process be deemed suitable, the Officer will liaise with the parties to determine the best course of action.
A report summarising the outcome of the referral will be provided to the relevant court prior to sentencing.
Post-Sentence
Post-sentence restorative justice process can take longer as there are fewer time constraints and more communication constraints if the person responsible is in custody.
Once a referral has been received, a Restorative Justice Officer will interview both parties to obtain their views, concerns, and attitudes towards the matter. Should a restorative justice process be deemed suitable, the Officer will liaise with the parties to determine the best course of action.
2. If I want a Restorative Justice Conference, do I have to be in the same room as the person who caused me harm?
Restorative justice conferencing can occur via shuttle or written communication, meaning you do not need to be in the same room as the person who harmed you. Conversely, should face-to-face mediation be wanted by both parties, our Unit will assess the appropriateness of facilitating an in-person conference.
3. Can I bring someone to support me at the conference?
Both parties have the right to bring a support person with them to a conference. Prior to the conference, the Restorative Justice Officer will meet with the support person to discuss and assess their eligibility and provide guidelines on their involvement as a formal support.
Further Information
Show moreFor general inquiries, contact the Restorative Justice Team by email to restorativejustice@justice.wa.gov.au or by phone 61 8 9264 9810.
Note: The Restorative Justice Unit, rather than the former Victim-offender Mediation Unit (VMU) is now responsible for facilitating restorative justice processes. Our publications are being progressively rebranded to reflect this change.
