ABSTRACT
Traditionally victims have constituted the ‘forgotten party' within criminal justice. In this, youth justice has been no different. Despite the more recent political fervour for championing victims, their role within criminal justice processes of deliberation remains marginal. By contrast, the active and voluntary involvement of victims in youth offender panel meetings lies at the heart of the restorative justice potential of referral orders. Ideally it enhances the impact of the referral order process on offenders and can be beneficial to the victims themselves. It allows a space in which to respond to the harm and hurt experienced by a victim, address his or her fears and anxieties and render the young person accountable for the consequences of his or her actions. Rationales for victim involvement in panels are, first, that it offers an appropriate forum in which to consider the views of the victim(s) and allows victims an opportunity to express the harm experienced and for this to be recognised. Second, it forces young offenders to confront the consequences of their offending behaviour and the harm caused and acknowledge their responsibility for it. Third, it enables victims to address concerns or questions they may have by meeting the offender and the offender's family face-to-face so that they can better understand their attitudes and why the offence occurred, as well as assess the likelihood of it reoccurring. Finally, it allows for victims to receive some kind of emotional and/or material reparation.
