ABSTRACT
This chapter documents the growing recognition of restorative justice (RJ) processes at the level of the Council of Europe, as well as at the international level. Although the entitlement, if not the right, of victims to participate in such processes may be inferred from the provisions of the Framework Decision on the Standing of Victims in Criminal Proceedings (2001/220/JHA), this chapter contends that the benefits of RJ for victims are more apparent than real and that English law and policy should focus on improving the position of victims within the criminal justice system rather than on devising means to facilitate victim participation in restorative processes. To this end, it discusses government policy and restorative initiatives currently in place in England and Wales and highlights the disadvantages of such initiatives for victims generally. In addition, it contends that RJ does not take into account social inequalities and that RJ processes are thus inappropriate for victims from unequal social groups, such as victims of gender-based violence and racially motivated and homophobic crime. In order to facilitate the analysis, the chapter commences by examining briefly the central concepts and features of RJ.
