Source · Select Committees · Justice Committee
Recommendation 20
20
Rejected
Paragraph: 75
Include a legislative right for victims to access restorative justice services in the Bill.
Recommendation
A right to information about restorative justice and how to access local restorative justice services is already an entitlement in the Code but it is clear that it is not being delivered consistently. Our predecessor Committee’s 2016 report on restorative justice recommended that the Victims’ Law should include a provision for victims to have a legislative right to access restorative justice services. That is also our view and we recommend that that right be included in the Bill as we have set out in paragraph 34.
Government Response Summary
The government committed to making information about restorative justice more consistently available but explicitly rejected a legislative right to access restorative justice, deeming it impractical or inappropriate due to its voluntary nature.
Paragraph Reference:
75
Government Response
Rejected
HM Government
Rejected
29. The Government is committed to the effective use of restorative justice in appropriate cases. As the Committee has noted, victims are entitled to information about restorative justice, and to be referred to support services, including those which provide restorative justice services. We have already committed in the Government response to the Delivering Justice for Victims consultation to make information about restorative justice more consistently available for victims of crime. Victims or offenders can ask for restorative justice, but it is always voluntary for all parties, and it must be agreed by all involved, including facilitators, that it is safe and appropriate to proceed. Offenders must have accepted their guilt and both the offender and the victim must acknowledge the basic facts of the case. The welfare of the victim is paramount and any party can choose to withdraw at any time. For these reasons, we do not consider that a right to access restorative justice is practical or appropriate.