ABSTRACT
Despite the prevalence of disability in both offender and victim populations and the obligations of signatory States to relevant human rights frameworks that make clear the right to access and effective participation in justice, little research explores what disability means for criminal justice interventions, including restorative practices. This chapter begins to address this gap. From a study of 74 victim offender conferences in a government operated, post-sentencing programme for adults following serious crime in New South Wales, Australia, an in-depth study of the 16 cases involving disabilities (in 15 cases for offenders, in seven cases for victims, in six cases for both primary parties) was conducted using departmental case files (15), observation notes (7) and in-depth interviews with participants (35). Whilst the nature of disability varied, mental health issues were present in all cases. In nearly all cases (15/16), adjustments were made to the preparation and process phases; these adjustments are described in the chapter. The chapter contends that if practitioners have the capacity to manage the inherent and complex power dynamics in cases involving disability, then a priority for the restorative movement is the sharing of knowledge, strategies and resources, and the development of an evidence base around best practice. The creation of enabling spaces for those with disability is in keeping with the philosophy and aims of the restorative justice movement as well as human rights obligations.
