ABSTRACT

The concept of reparation is woven throughout the sentencing process. It is seen most commonly in ancillary orders, such as the provision of monetary compensation or forfeiture of physical items. However it can also feature through restitution orders, the victim surcharge, and the award of costs. Considering reparation in a completely different way, the medium of restorative justice offers the opportunity in certain appropriate cases for an offender to meet with the victims of the offence that they committed, in an effort to aid dialogue and mutual understanding – of the consequences for the victim, and how the offender came to commit the offence. In many criminal cases, the most obvious form of reparation that is offered is by way of compensation payable directly to the victim. The possibility of including compensation as part of sentencing has been around for many years – in 1982, Parliament introduced a compensation order as a sentencing option in its own right.