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Pre-sentence restorative justice court

On this page
Introduction (#intro)

Step 1: An offender pleads guilty (#step-1-an-offender)

Step 2: The court makes the restorative justice referral (#step-2-the-court)

Step 3: The restorative justice facilitator assesses the offender (#step-3-the-restorative)

Step 4: The restorative justice facilitator assesses the victim (#step-4-the-restorative)
Step 5: The restorative justice conference takes place (#step-5-the-restorative)
Step 6: After the restorative justice conference (#step-6-after-the)

Introduction
This page describes the pre-sentence restorative justice court process from the point when an offender pleads guilty to a
crime to when they are sentenced.

Under the Sentencing Act 2002, after an offender has pleaded guilty to a crime in court a judge can refer any case to see if
a restorative justice process can take place.
Participating in a restorative justice process provides victims with the opportunity to tell offenders how they have been
affected by the crime and have a say in how the harm can be put right.
Restorative justice helps offenders take responsibility for their actions, put right the harm they have caused and helps
them to find ways to avoid offending again.
The restorative justice process involves a meeting between the victim and the offender called a restorative justice
conference which is facilitated by a trained member of the community (the facilitator). The offender must take
responsibility for their crime before a conference can take place by, pleading guilty. Restorative justice is a voluntary
process; the victim and the offender must both agree to take part and they can back out of the process at any time.

Step 1: An offender pleads guilty

An offender appears in court and pleads guilty to a criminal charge. The judge decides to refer the case to see if
restorative justice can take place.

The judge adjourns the case and the next court hearing date, usually a sentencing date, is set with enough time allowed
for restorative justice process to take place (usually between two and six weeks).

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Step 2: The court makes the restorative justice referral

The court contacts the Ministry of Justice contracted restorative justice provider (the provider) to tell them that the
court has referred the case to them and shares the victim and offenders contact information. Where available, the court
shares the case Summary of Facts and any victim impact statements with the provider to help with their assessment of
the case and the participants.

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Step 3: The restorative justice facilitator assesses the offender

A facilitator employed by the provider contacts the offender to see if they would like to learn more about restorative
justice.

If the offender agrees, the facilitator meets with the offender to see if they are keen to take part and if so, assess whether
the case and offender are appropriate for a restorative justice conference.
When the facilitator meets with the offender they will describe:
what restorative justice is and how the process works

who else may take part in the restorative justice conference

what often happens at a restorative justice conference, the conference rules and the sort of things that might be
talked about and agreed by participants

how participants' will be kept safe throughout the restorative justice process, and

how the facilitators report on what happened at the conference may be used by the judge when the offender is
sentenced.

If the offender doesnt want to take part in a conference, or the facilitator thinks the case isnt right for restorative justice,
the facilitator will tell the court and the offender (or their lawyer) that a restorative justice conference wont take place. At
this point the restorative justice process ends and the offender will be sentenced at their next hearing.

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Step 4: The restorative justice facilitator assesses the victim

If the facilitator thinks the offender is suitable and willing to participate in a restorative justice conference, they will
contact the victim to see if they want to learn more about restorative justice.
If the victim agrees, the facilitator meets with the victim to see if they are keen to take part in a restorative justice
conference and to make sure the victim can be kept safe throughout the restorative justice process.
When the facilitator meets with the victim they will describe:
what restorative justice is and how the process works

who else can take part in the restorative justice conference

what often happens at a restorative justice conference, the conference rules and the sort of things that might be
talked about and agreed by participants

how participants' will be kept safe throughout the restorative justice process, and

how the facilitators conference report on what happened at the conference may be used by the judge when the
offender is sentenced.

Sometimes a victim may want someone else to attend the restorative justice conference in their place. In this situation
victims still have to tell the facilitator that they still want the restorative justice conference to go ahead without them.

If the victim doesnt want the restorative justice conference to go ahead, or the facilitator thinks that restorative justice
conference is not a good idea, the facilitator will tell the court, victim, and the offender (or their lawyer) that a restorative
justice conference is not going to happen. At this point the restorative justice process ends and the offender is sentenced
at their next hearing.
If the conference is to occur, the facilitator will agree with the participants and their support people a date and time for
the restorative justice conference to take place.

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Step 5: The restorative justice conference takes place

A restorative justice conference is an informal meeting between the victim (or their representative), the offender, the
victim and offenders support people and any other participants that have been agreed.

Participants are there to talk honestly about the crime, what harm was caused, and to work out ways to address that
harm. The people attending the conference may agree actions for the offender to complete (within certain times) to help
put things right for those affected by the crime.
Restorative justice conferences are run by specially trained restorative justice facilitators. Facilitators are trained by the
Ministry of Justice and:
help the participants address the crime-related issues
make sure that everyone is safe and supported, and

make sure all participants can have their say without being interrupted.

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Step 6: After the restorative justice conference

The restorative justice facilitator writes a report that describes what happened at the conference and any actions the
offender agreed to complete as a result of the conference. The report does not make sentencing recommendations to the
judge.
The conference report is given to the judge before the offender is sentenced. Copies of the report are given to the victim,
the offenders lawyer, Police and the Court Victim Advisor.

The Sentencing Act 2002 requires a judge to take into account any outcomes of a restorative justice conference when an
offender is sentenced. The judge also considers any other reports relevant to the offending such as a Department of
Corrections pre-sentence report and any victim impact statements.
The judge will issue a sentence to the offender that is proportionate to the crime. An offender can still be sent to prison
even if they have taken part in a restorative justice conference. The judge will decide whether to include any actions
agreed at a restorative justice conference as part of the offender's sentence.
After a restorative justice conference the facilitator will:

keep the victim informed of progress made by the offender to complete the actions agreed at the conference
tell the victim what the offenders sentence was

refer or give information to victims and/or offenders on other community services that may help them, if this was
agreed at the restorative justice conference; and

invite those who attended the restorative justice conference to give them feedback on how they found the
restorative justice service.

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