ABSTRACT

This chapter applies the criteria to restorative practice in the context of responses to wrongdoing. It examines the restorative practice of justice in terms of its form, functions and values. The factors that make a restorative response to wrongdoing different from a standard criminal justice one can be conveniently divided into three categories, form, function and values. The formulation of 'restorative process' endorsed in United Nations instruments is slightly different but highlights similar distinct commitments. Restorative practice which is 'face-to-face' involves direct and personal deliberation among the parties affected in some form of encounter. 'Reparation' refers to the emphasis restorative practice places on repair, specifically on repair of the harm caused by wrongdoing. The equality standard measures justice by the extent to which people are treated equally, with proportionate equality tempered so that actual treatment is equalized. The relationship standard measures justice by the extent to which distributions promote relationships of social equality characterized by dignity, respect and concern.