RESTORATIVE JUSTICE represents a step forward in dealing with crime. That is the view of Principal of the Norman Manley Law School, Keith Sobian.

Mr. Sobian contends that the existing justice system does not treat with the unforeseen factors that lead someone to commit a crime and this is where restorative justice can make a difference.

"In the present justice system, the victim really has no part in the proceedings except to give the necessary evidence. Restorative justice fills that void through the involvement of the victim, the offender and the community," Sobian says. So, in that regard, it is a way forward from the centuries-old justice system."

REVOLUTIONARY SHIFT

That view is shared by Professor of Public Law at the UWI Cave Hill Campus, Albert Fiadjoe. "Restorative justice may be seen as a revolutionary shift away from the traditional adversarial justice system which is found wanting when appropriate, creative and effective solutions are required to deal with crime and its effects on the victims, the offender and the community," Professor Fiadjoe emphasises.

He adds that restorative justice is likely to make a positive impact as it has a high level of victim and offender satisfaction with the process and outcome; reduction of fear among the victims; successful restitution by the offender; and reduced frequency and severity of further criminal behaviour. To this end, he notes that the necessary legislative framework must be developed, as well as specialised training in mediation to ensure the necessary support mechanism for restorative justice to work.

Restorative justice is a theory of justice that emphasises repairing the harm caused or revealed by criminal behaviour. It entails the coming together of all the parties affected by a particular offence. This may include the victim and the offender, their families, and other members of their respective communities who may be affected, or who may be able to contribute to prevention of a recurrence. The objective is to find a solution to deal with the aftermath of the offence and the implications for the future.

Recently, the Ministry of Justice has articulated its willingness to embrace restorative justice as a major philosophy as it seeks to achieve a modern and efficient criminal justice system. Permanent Secretary in the Ministry, Carol Palmer observes that the report of the West Kingston Commission of Inquiry in 2001 had propelled the ministry to take a closer look at restorative justice.

EARMARKED

"The ministry has decidedly focused its attention on the inclusion of restorative justice practices in the Child Justice sector," Mrs. Palmer points out. "In the meantime," she adds, "Other sections of the country's justice system are earmarked for increased education, adaptation and implementation of restorative justice principles." Against this background she observes that restorative justice is a 'tool to win back our communities.'

She, however, stressed that this requires the contribution of everyone and notthe Ministry of Justice acting alone.

Responding to questions raised concerning the view that restorative justice may undermine or weaken the conventional justice system, attorney-at-law and human rights specialist in the Ministry of Justice, Casie Jean Graham stresses that restorative justice complements the existing system.

"The defining characteristic of restorative justice is that before this may be applied, the defendant must acknowledge his or her guilt and the willingness to participate," she says. "In fact, it provides greater legitimacy and credence to a justice system where 'we want justice' is the citizens' daily mantra," she adds.