Does New Zealand use restorative justice?
Now the New Zealand government has enshrined restorative jus- tice processes in legislation for adult offenders. 1 Doing so has made New Zealand the world’s first country to provide in detail for restorative justice processes and principles in the criminal court and at the time of parole release from prison.
Why is restorative justice so strong in New Zealand?
In New Zealand, victims have the right (but no obligation) to attend the mandated FGC and to tell the young offender face-to-face about the personal impact of the crime. Restorative justice works additionally because it gives new voices to victims, to offenders, and to community representatives.
What is restorative justice in New Zealand?
A restorative justice conference is an informal, facilitated meeting between a victim, offender, support people and any other approved people, such as community representatives or interpreters. apologise to your victim. decide how to put right the harm you’ve caused. find ways to make sure you don’t reoffend.
Does New Zealand apply principles of restorative justice to its legal system?
New Zealand has become a leader in implementing legislatively mandated restorative procedures. This reputation is due in part to a handful of supportive statutes: the Sentencing Act 2002, the Victims’ Rights Act 2002, the Parole Act 2002, the Corrections Act 2004 and subsequent amendments to those acts.
Can you refuse restorative justice?
When can’t you do restorative justice? If the offender does not accept responsibility for their actions or refuses to participate then restorative justice cannot take place. If they are diagnosed with a serious mental health condition restorative justice is also unlikely to be possible.
What is the criminal justice system NZ?
New Zealand’s justice system is part of our system of government. It’s made up of a number of institutions, groups of people and individuals who make, apply and enforce the law. New Zealand’s government is modelled on the British system (the Westminster model) and is based on a concept called separation of powers.
Does restorative justice result in a criminal record?
An acceptance of restorative justice is often disclosed on enhanced criminal record checks by the Disclosure and Barring Service. Unfortunately, you have little control over how it will appear on your criminal record, therefore when considering whether to accept restorative justice, you should always seek legal advice.
What are some examples of restorative justice?
5 Examples of Restorative Justice
- Victim assistance. Victim assistance, as the name implies, focuses on the victims and survivors of crime.
- Community service. When someone commits a crime, they are harming the victims and the community as a whole.
- Victim-offender mediation.
- Peacemaking circles.
- Family group conferencing.
What are the weaknesses of restorative justice?
Disadvantages
- not available to all offenders, only those who have admitted their crime but victims may reject the offer.
- psychological harm may be brought to the victim especially if the criminal shows no empathy towards them which may result in a lowered self esteem.
What are the problems with restorative justice?
Restorative justice doesn’t have accountability. Rather than being equated with punishment, in restorative justice, accountability takes the form of self-responsibility and various agreements designed to repair harm and make things right. This form of accountability is not soft.
Who is the highest judge in New Zealand legal system?
the Supreme Court
Court hierarchy The chief justice presides over the Supreme Court and is described in the Judicature Act as the head of the judiciary. Before the Supreme Court first met in 2004, the Privy Council in London served as the highest court.
What are the two main sources of law in New Zealand?
The role of the judiciary is to interpret and apply the law. There are two main sources of law: statutes (the laws passed by Parliament) and the ‘common law’. The common law has been developed by judges over the centuries, and may be altered by the courts to meet changing circumstances.
Is the youth justice system in New Zealand restorative?
The entire New Zealand youth justice system has run on a restorative model since 1989. While other countries take baby steps towards this goal, in New Zealand the question posed by the author, a New Zealand judge with long experience of the new system, is, when will the adult justice system follow?
When does restorative justice take place in court?
Restorative justice takes place before you are sentenced in court. The judge will consider any agreements made during the restorative justice conference at the time you are sentenced. Talk to your lawyer if you want to know more about, or take part in restorative justice. Who provides restorative justice services?
Can a facilitator stop a restorative justice conference?
The facilitator can decide not to go ahead with a conference if they think safety is a concern or they think restorative justice won’t help. The facilitator will tell the court if a restorative justice conference is not going to take place. If this happens you will then be sentenced as soon as possible.
How does post sentencing RJ work in New Zealand?
The post sentencing RJ involves a structure that includes Victim Support New Zealand and Pathways Charitable Group which is a Prison reintegration service. This structure ensures everyone is supported through the process which can be difficult for both victims and offenders, particularly when more serious offending has occurred.