Victim-Offender Mediation in the United Kingdom: Legal Background and Practice (From Juvenile Offender-Victim Mediation, P 75-94, 1999, Beata Czarnecka-Dzialuk and Dobrochna Wojcik, eds. -- See NCJ-198129)

• NCJ Number: 198134
• Author(s): Martin Wright
• Date Published: 1999
• Length: 20 pages
• Sale Source: Oficyna Naukowa
• Publication Format: Book (Softbound)
• Publication Type: Legislation/Policy Description
• Language: English
• Country: Poland

Annotation

This paper first reviews the legislation relevant to restorative justice and victim-offender mediation in Great Britain, along with relevant criminal procedure, followed by an overview of aspects of current practice in various mediation services.

Abstract

Although Britain has no laws specifically related to victim-offender mediation, there are some measures that are restorative for victims or offenders, but not for both. In the absence of any mandated standards for victim-offender mediation, related practices are varied. Some jurisdictions use victim-offender mediation, while others use conferencing, or both. Some are for juveniles, others for adults, or both. Some are managed by the probation services and others by the police or independent agencies. This paper selects particular features of the various services that may be relevant in other countries. These include the stage of the criminal justice system at which they operate, the mediation methods used, and the management structure. The paper concludes with some suggestions for the design of a victim-offender mediation service. One suggestion is that high standards for mediation programs be set and monitored to ensure that mediation services comply with them. At the national level, a group called Standards in Restorative Justice has been formed in Great Britain to lead this effort. A second suggestion is that the mediation process aim to benefit the victim as well as the offender. The procedure should ensure that there is no pressure on the victim to participate. Strictly voluntary participation by the victim facilitates useful communication between the victim and the offender, as well as the achievement of a voluntary agreement regarding reparation for the victim. The third suggestion is that the relationship of victim-offender mediation to the conventional justice system be constantly monitored to ensure that the distinctive features of mediation are not undermined by traditional means of case processing. The primary reason for mediation must be preserved, i.e., to help the victim recover from the crime and hold the offender accountable while enabling him/her to achieve positive participation in community life.