Restorative justice as a form of 'responsible regulation' engages with (rather than imposes on) the subjects of regulation and involves their participation in the construction of norms that govern future behavior and their self-regulatory capacities (Crawford, 2007: 13). Silence' is a recurring theme in mainstream critiques of restorative justice in domestic violence cases. Cavadino and Dignan (in Dignan argue for a compromise theory of punishment that includes a form of retributivism (as advocated by Ashworth and van Hirsch) and restorative justice.
The main aim of the present study is an exploration of restorative justice practices within the criminal justice system with a focus on the role of prosecutors in the adoption of restorative justice. The potential of restorative justice for adult crimes (including domestic violence and serious crimes) is discussed. A brief overview of the various 'applications of restorative justice' or restorative approaches to justice is provided.
CHAPTER TWO
RESTORATIVE APPROACHES TO JUSTICE
England (before 1997) has been a classic example of the independent model for implementing restorative justice reforms. Restorative justice programs, such as family group conferencing, also seemed destined to languish on the fringes of the criminal justice system. Elements of restorative justice are included as part of the mainstream response to youth offending.
Restorative justice is the name given to a movement within and outside the criminal justice system. Specific reference is made to restorative justice and the importance of putting victims at the center of the justice system. The incompatibility between the objectives of restorative justice and the more offender-oriented, administrative criminal justice system is a primary concern.
CHAPTER THREE
A 'NEW'WAYFORWARD
Several "applications of restorative justice" or restorative approaches to justice can be found in criminal justice. The initiatives of the last few years provide an enabling environment for the promotion and integration of restorative justice. The international focus of the restorative justice movement has shifted from its philosophy to its actual potential.
There is a widespread understanding that mainstreaming requires the recognition of restorative justice as a fundamental prerequisite for the functioning of the criminal justice system. The 'separatist versus integrationist' argument looks at the relationship between 'restorative justice' and 'criminal justice'. Such a system would require an understanding of and commitment to the principles of restorative justice by all participants in the formal criminal justice system.
The role of prosecutors in the application of restorative justice in the criminal justice system is therefore very important. Restorative justice plays an increasing role in the criminal justice system through partnership arrangements with voluntary sector organisations. Rich and diverse restorative justice activity was also found in KwaZulu-Natal province (15 organizations).
Given the limited scope of this study, the following section deals only briefly with the application of restorative justice during the sentencing phase of the criminal justice process (an area that requires more extensive future research). Central to the idea of restorative justice is the recognition of the community rather than the criminal justice institutions as the main site of crime control. Current evaluations on restorative justice practices address the (as a result of common issues: participant satisfaction, procedural justice, 'restorativeness' (restorative quality).
Most countries have moved beyond the stage where restorative justice exists entirely outside the criminal justice system.
CHAPTER FOUR
This study incorporates the definition of restorative justice in the UN Manual, recognizing the evolving nature of the restorative justice paradigm. In light of the above, a 'maximalist' definition of restorative justice is adopted in this study. The purpose of this study is to extend Nel and Kruger's study by including a component on restorative justice.
The role of restorative justice in the empowerment of victims and the incorporation of restorative approaches in the courts are areas. Integration in the structured interviews and the questionnaire takes place within the research questions (both quantitative and qualitative questions are presented), data collection (questionnaires and interviews), data analysis (transformation of qualitative themes into quantitative topics or scales) or in interpretation (examination of the quantitative and qualitative results) for convergence/divergence of results). Explore and validate restorative justice initiatives in the community, whether perpetrator or victim focused.
Important information about the structure of the prosecutor's office in the province enabled the smooth distribution of the questionnaires with the greatest geographical reach. The researcher was able to do additional research and obtain information that was not foreseen in the interview schedule. The first requirement was fulfilled by a detailed explanation of the main objectives of the study in the cover letter.
The senior public prosecutors and duster representatives assisted in the distribution of questionnaires to the surrounding courts. This selection decision was largely determined by the willingness and availability of senior prosecutors to help with the distribution of the questionnaires. Using a probability sampling technique, the researcher randomly (fishbowl method) selected 25 organizations from the remaining 36 (69%) to participate in the study.
Other researchers have conducted empirical research in other provinces in both restorative justice and victim empowerment.
CHAPTER FIVE
The majority of participants (n=8) had worked in the industry for between 6 and 10 years, while six (6) had worked in the industry for more than 10 years. Most of Phoenix ZuJuJand's restorative justice interventions involve finding family members and reintegrating perpetrators into their families. The respondent emphasized the need for education and training of justice officials in restorative justice processes.
Sakhitemba Halfway House also offers restorative justice processes such as their 'youth justice in action' programme. The majority of respondents indicated that the interventions were mainly initiated by the organization itself, which is not surprising given the history of restorative justice. At 1 year, four (4) respondents indicated the need to involve a trained mediator in the process, indicating a general lack of understanding or enthusiasm for restorative justice.
The majority of respondents indicated that restorative justice interventions benefited victims and offenders prior to trial. The respondents consider restorative justice processes to be more beneficial to victims than to offenders, at each stage of the criminal justice process, to varying degrees. As aspects of the Child Justice Bill are already being implemented, many young offenders are referred to NtCRO and Khulisa for restorative justice processes as part of diversion.
Organizations facilitated restorative justice processes, such as informal dispute resolution, especially in cases of domestic violence, even though training is generally lacking. Interventions are usually initiated by the organization itself, which is not surprising given the history of restorative justice. The majority of respondents indicated that pre-trial restorative justice interventions benefited victims and offenders.
Restorative justice training is generally insufficient, which may pose a challenge to the effective implementation of the Juvenile Justice Bill.
CHAPTER SIX
ANALYSIS OF RESTORATIVE APPROACHES IN THE COURTS
The implementation of restorative justice interventions within the criminal justice process requires a greater commitment and involvement of the Department of Justice, through its related departments. An overwhelming majority 'referred' cases for restorative justice intervention (n=126), while only twenty-four (24) respondents did not refer cases. Open-ended questions on the reasons for not being referred to restorative justice processes yielded the following responses.
Only nine (9) respondents indicated that they 'often' referred child abuse cases to restorative justice processes. Restorative justice interventions are available throughout the criminal justice process and can also be used in serious cases. The findings can be attributed to the recent arrival of restorative justice in the courts.
However, the above findings indicate that prosecutors largely understand that restorative justice processes do not necessarily imply diversion. It is almost impossible to overemphasize the importance of the mediator's role in ensuring the success of restorative justice interventions' (Un Handbook, 2006:n). The majority of respondents (n=109) have partnered with community-based non-governmental organizations to deliver restorative justice interventions.
There is a high degree of cooperation with the Department of Social Development, possibly due to the involvement of social workers in restorative justice processes. Collaboration with state actors is an extremely important precursor to the 'infusion' of restorative justice approaches into the criminal justice system. A broader and more holistic understanding of restorative justice interventions throughout the criminal justice process is lacking.
The overwhelming majority of respondents (n=131) claimed to be familiar with restorative justice, although only a small percentage (18%) had actually received training in restorative justice processes70.
CHAPTER SEVEN
CONCLUSIONS AND RECOMMENDATIONS
LOOKING BACK AND MOVING FORWARD'
Clearly, a system-wide shift toward restorative justice would have a very different impact on the criminal justice system than a piecemeal incorporation of restorative ideas and techniques. The provision of restorative justice services to adult offenders is very much in the developing stage. Establishing restorative justice processes in the justice system requires the involvement of prosecutors in discussions from the beginning and for training and.
However, some prosecutors indicated that domestic violence cases were often referred to restorative justice processes (n=35) or occasionally (n=57). DOLCD must be innovative and creative in developing non-custodial programs and sanctions that incorporate the principles of restorative justice. This study only briefly dealt with the application of restorative justice in the sentencing phase (an area that requires more extended future research).
Furthermore, a wide range of ethical issues raised by the emergence of restorative justice must be addressed. A nationala1 pilot project aimed at determining the strengths and weaknesses of restorative justice processes from a victim's perspective is recommended. The UN Basic Principles 1% sets out guidelines to assist states and organizations in the development and implementation of restorative justice.
The need for training is a major gap in both victim empowerment and restorative justice processes. Therefore, there are good reasons to increase the visibility of restorative justice in the curriculum. Of particular importance would be awareness of the various opportunities that restorative justice processes offer to victims, offenders and communities.
Respondents in this study indicated that the participation of communities in restorative justice processes was minimal.
