chapter  7
14 Pages

Deferred prosecution agreements and the restorative justice paradigm

Justice restored or corporate cop out?
WithDarren McStravick

One of the tools in the prosecutorial armoury that has developed by way of the Crime and Courts Act 2013 (the 2013 Act) is the Deferred Prosecution Agreement. Similarly, the 2013 Act allows for a greater use of restorative justice processes and practices to manage more conventional, court-based criminal conflicts. The concept of restorative justice has been utilised in a wide variety of jurisdictions and through many formats. Restorative principles can include restoration and rehabilitation of both victims and offenders, reparation of direct and indirect victims, offender accountability and remorse and the use of apology in order to repair the harm caused by criminal events. Restorative justice options are included in a number of statutory instruments. Pre-sentence restorative provisions on deferment of sentence are set out in sections 1 to 1D of the Powers of Criminal Courts (Sentencing) Act 2000.