Madam, - Your report of March 29th on the sentencing of Aleksejus Belousovas for the attempted murder of a French student, Ms Barbara Riouall, mentions that the victim turned down the offer of a restorative justice encounter with the offender. In my view this was a wise decision, given the context in which it was being offered.
All restorative justice interventions should adhere to internationally accepted protocols and standards of practice. These are in place to ensure the integrity of the restorative process and most importantly the safety and well-being of people hurt and affected by crime.
In the pre-sentence context of victim-offender mediation in which we at Restorative Justice Services work, an eight- to ten-week adjournment is normally provided by the court. This gives the victim, the offender and the facilitating agency the appropriate time and space to address in full all the relevant issues before any agreed direct or indirect communication takes place.
Following a number of separate discussions with the victim and offender, the process may reach the point where the appropriate conditions for an agreed form of contact may take place.
At this juncture, further, separate detailed discussion takes place with the victim and offender, including the content and context of the apology and reparation, and the location and logistics of the meeting.
This is by no means an exhaustive list of criteria, but I want to highlight some of the fundamental elements of the process that do not appear to have been present or on offer on this occasion.
I also wish to dispel the notion that participation in a victim-offender mediation process automatically qualifies an offender to a reduction in sentence or a more lenient sentence.
When a victim-offender mediation process is completed a full report is provided by the relevant agency to the court. Such reports do not make recommendations or suggestions to the court with regard to sentencing or sanctions.
As I understand the criminal justice process in this jurisdiction it is the sitting judge who determines the severity of sentence or sanction based on the evidence and information that is put before the court.
Finally, given the increasing frequency with which restorative justice is being mooted in the courts and the increasing public interest and awareness of the subject, it is imperative that all judges and practising legal professionals be made aware of the necessary protocols relating to such interventions. This organisation would be happy to assist in any way in that regard. - Yours, etc,
PETER KEELEY, Director, Restorative Justice Services, Tallaght Business Park, Dublin 24.