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What is a necessary condition for restorative justice to take place?

The parties must give their free and informed consent.

Who has the right to attend restorative justice proceedings involving children?

The parents, legal guardians, or another appropriate adult.

What should judicial authorities and criminal justice agencies create?

Conditions, procedures, and infrastructure to refer cases to restorative justice services.

Why should persons with responsibility for making referrals contact restorative justice services?

To determine if disparities may preclude the use of restorative justice. Signup and view all the answers

What should the facilitator do before agreeing to restorative justice?

Fully inform the parties of their rights, the nature of the restorative justice process, and the details of any grievance procedures. Signup and view all the answers

What is a goal of restorative justice services?

To be as inclusive as possible. Signup and view all the answers

What should not happen during the restorative justice process?

No person should be induced by unfair means to participate. Signup and view all the answers

When may restorative justice not proceed?

When those who are not capable, for any reason, of understanding the meaning of the process. Signup and view all the answers

What was the title of the resolution passed by the Economic and Social Council in 1999?

Development and implementation of mediation and restorative justice measures in criminal justice Signup and view all the answers

What was the title of the General Assembly resolution passed in 2002?

Plans of action for the implementation of the Vienna Declaration on Crime and Justice: Meeting the Challenges of the Twenty-first Century Signup and view all the answers

What was the topic of the agenda item discussed during the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders?

Offenders and victims: accountability and fairness in the justice process Signup and view all the answers

What was the name of the group of experts that worked on restorative justice?

Group of Experts on Restorative Justice Signup and view all the answers

What was the title of the report submitted by the Secretary-General on restorative justice?

Report of the Secretary-General on restorative justice Signup and view all the answers

What was the location of the meeting of the Group of Experts on Restorative Justice?

Ottawa Signup and view all the answers

What was the dates of the meeting of the Group of Experts on Restorative Justice?

29 October to 1 November 2001 Signup and view all the answers

What is essential for the development of restorative justice?

Regular consultation between judicial authorities, criminal justice and restorative justice agencies, legal professionals, offenders, and groups acting on behalf of victims and communities Signup and view all the answers

What is the primary objective of raising awareness of restorative justice principles among criminal justice professionals?

To enable them to apply these principles in their daily work and decisions Signup and view all the answers

When can restorative justice take place in relation to sentence planning work?

Prior to or concurrent with sentence planning, including during sentence planning work Signup and view all the answers

What is a characteristic of restorative justice interventions that do not involve dialogue between the victim and offender?

They can be designed and delivered in a manner that adheres closely to restorative justice principles Signup and view all the answers

Why is it advisable to engage the local community in restorative justice?

To inform them about the use of restorative justice and include them in the process where possible Signup and view all the answers

What is not necessary for the delivery of restorative justice?

A dialogue between the victim and offender Signup and view all the answers

What is an innovative approach to reparation in restorative justice?

Innovative approaches that adhere to restorative justice principles Signup and view all the answers

Who should be involved in regular consultations for the development of restorative justice?

Judicial authorities, criminal justice and restorative justice agencies, legal professionals, offenders, and groups acting on behalf of victims and communities Signup and view all the answers

What term is used to refer to the participants in restorative justice for the purpose of this Recommendation?

The parties Signup and view all the answers

What is the main difference between restorative justice and other forms of justice?

The involvement of victims and offenders in the process Signup and view all the answers

At what stage of the criminal justice process can restorative justice be used?

At any stage of the criminal justice process Signup and view all the answers

What is the purpose of judicial supervision in restorative justice?

To have an impact on judicial decisions Signup and view all the answers

What is the term used to refer to entities that deliver restorative justice?

Restorative justice services Signup and view all the answers

What is the primary goal of restorative justice?

To address the harm caused by the crime Signup and view all the answers

Can restorative justice be used without a dialogue between victims and offenders?

Yes, practices can still be designed to adhere to restorative justice principles Signup and view all the answers

What is the term used to refer to the various forms of restorative justice, such as victim-offender mediation and restorative conferencing?

Restorative justice practices Signup and view all the answers

Which of the following entities should engage with each other at the local level to promote and coordinate the use and development of restorative justice?

Restorative justice agencies, judicial authorities, and criminal justice agencies Signup and view all the answers

What is the purpose of appointing a staff member with formal responsibilities for promoting and coordinating the use of restorative justice?

To liaise with local organisations and communities in relation to the development and use of restorative justice Signup and view all the answers

What is the main goal of cooperation and assistance between Member States in the development of restorative justice?

To share information on the use and development of restorative justice Signup and view all the answers

What should national and local governments, judicial authorities, and criminal justice and restorative justice agencies undertake to increase awareness of restorative justice?

Promotional activities to increase awareness of restorative justice among the general public Signup and view all the answers

What should Member States promote, assist, and enable in relation to restorative justice?

Research on the effectiveness of restorative justice Signup and view all the answers

What should restorative justice services of all kinds allow and assist in?

The independent evaluation of their service Signup and view all the answers

What should Member States with well-developed restorative justice policies and practices share with other Member States?

Information, materials, and expertise Signup and view all the answers

What is the purpose of co-production of policies, research, training, and innovative approaches between Member States?

To promote and assist in the development of restorative justice Signup and view all the answers

Study Notes

ECOSOC Resolution 2002/12: Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters

The Economic and Social Council recalls its resolutions 1999/26 and 2000/14, which requested the development of common principles on the use of restorative justice programmes in criminal matters.
The Council takes into account existing international commitments with respect to victims, including the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.

Principles of Restorative Justice

Restorative justice involves a dialogue between victims, offenders, and members of affected communities to address the harm caused by the crime.
The parties should be informed about and have access to clear and effective grievance procedures, and may be given access to translation services or legal assistance.
Restorative justice should only take place with the free and informed consent of all parties, and should not proceed with those who are not capable of understanding the process.
Restorative justice services should be as inclusive as possible, with flexibility to enable as many people as possible to participate.

The Operation of Criminal Justice in Relation to Restorative Justice

Before agreeing to restorative justice, the facilitator must fully inform the parties of their rights, the nature of the process, and the possible consequences of their decision to participate.
Judicial authorities and criminal justice agencies should create the conditions, procedures, and infrastructure necessary to refer cases to restorative justice services whenever possible.
Restorative justice services should be delivered by those who are sufficiently trained in facilitation.

Implementation and Development of Restorative Justice

Judicial authorities, criminal justice and restorative justice agencies, and legal professionals should engage with local communities to inform them about the use of restorative justice and to include them in the process where possible.
Probation services may use restorative justice alongside sentence planning to allow restorative justice agreements to be considered when determining supervision and assistance plans.
Member States should co-operate and assist each other in their development of restorative justice, sharing information, policies, research, training, and innovative approaches.
National and local governments, judicial authorities, and criminal justice and restorative justice agencies should undertake promotional activities to increase awareness of restorative justice among the general public.

Research and Evaluation

Member States should promote, assist, and enable research on restorative justice, and facilitate the evaluation of any schemes or projects which they implement or fund.
Restorative justice services should allow and assist in the independent evaluation of their service.

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