Handbook on Restorative Justice Programmes (second edition)

What this is about

This handbook of the United Nations Office on Drugs and Crime (UNODC), published in 2020 as a second edition, offers an introduction to restorative justice in criminal matters and guidance for designing, implementing, and evaluating programs. It is addressed to those who work in the criminal justice system, in policy and law making, in community and civil society organizations, and to people who develop or facilitate restorative practices. It presents principles, international standards, intervention models, and guidelines for integrating these processes at different stages of criminal proceedings. It also examines the participation of victims and offenders, the safeguards required, and the challenges of applying these approaches to serious crimes. The text includes examples from a range of contexts and an annex containing the United Nations Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters.

Annotated table of contents

• Preface — Presents the purpose of the handbook, its intended audience, and its usefulness as a reference and training resource.
• What the handbook covers — Summarizes the topics and practical scope of the work.
• 1. Restorative justice and the criminal justice process — Explains the restorative approach, its objectives, and its potential contributions, and reviews its relationship with international standards and legal frameworks.
• 2. Overview of standards and norms, including the Basic Principles on the Use of Restorative Justice Programmes — Describes the United Nations principles, the rights of those who participate, and the relevant legal and procedural safeguards.
• 3. Types of restorative justice processes and programmes — Presents victim-offender mediation, conferences, and circles, together with other uses of restorative practices.
• 4. Restorative justice programmes at various stages of the criminal justice process — Examines how programs can be implemented before trial, at the sentencing stage, and after it, and considers the roles of justice personnel.
• 5. Requirements for successful operation of restorative justice programmes — Sets out conditions for referrals, the preparation and safety of participants, facilitation, agreements, and community support.
• 6. Restorative justice responses to serious crimes — Analyzes precautions and safeguards for addressing serious crimes, including intimate partner violence, sexual violence, violence against children, and hate crimes.
• 7. Establishing and implementing restorative justice programmes — Provides guidance on planning, design, legislation, leadership, resources, institutional partnerships, and community participation.
• 8. Programme oversight, monitoring and evaluation — Addresses program oversight, data collection, and the evaluation of outcomes, including the impact on recidivism.
• Conclusion — Returns to the possibility of adapting restorative principles to different systems and communities.
• Annex. United Nations Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters — Brings together the United Nations principles on terminology, use, safeguards, development, and evaluation of these programs.

Key ideas

• Restorative justice seeks to have people affected by a crime take part in the response to the harm and, where possible, in its repair and prevention.
• Participation must be voluntary and informed; participants must be able to withdraw and have safeguards that protect their rights, safety, and privacy.
• Mediation, conferences, and circles are distinct modalities, adaptable to different stages of the criminal process and to diverse needs.
• Agreements must be built with those who participate, be reasonable and proportionate, and include follow-up mechanisms where appropriate.
• Preparation, risk assessment, and impartial facilitation are central conditions for reducing the possibility of further harm.
• Serious crimes can be addressed through restorative practices, but they call for caution, specific safeguards, and attention to power imbalances and trauma.
• Setting up programs requires coordination among justice institutions, community organizations, and other services, as well as resources and planning.
• Oversight, monitoring, and evaluation make it possible to review the quality of programs and guide their development.

Practical uses

• What safeguards must be protected before and during a restorative process?
• How is it assessed whether a case and the people involved are suitable for a restorative intervention?
• What are the differences among mediation, conferences, and circles, and at what stage of the criminal process can they be used?
• How are participants prepared and risks assessed in cases of serious crimes?
• What elements are needed to design, sustain, oversee, and evaluate a restorative program?

Key terms

restorative justice, restorative programs, victim-offender mediation, restorative conferences, restorative circles, reparation, informed consent, facilitation, procedural safeguards, risk assessment, community participation, social reintegration, follow-up of agreements, program evaluation