In plans published today, new legislation for restorative justice with adult offenders and their victims will be introduced through an amendment to the Crime and Courts Bill.

The new clauses will allow the Courts to defer at the pre-sentence stage in order for the victim and offender to be offered restorative justice at the earliest opportunity. It is considered to be the biggest development for restorative justice in England and Wales since legislation introducing referral order panels to the youth justice system in 1999.

This change follows a two year campaign led by The Restorative Justice Council, and T2A Alliance members including the Prison Reform Trust and the Criminal Justice Alliance, who have campaigned for this legislation.

This new law will be consistent with the T2A Alliance’s 2012 report ‘Pathways from Crime’, published earlier this year, which stated that ‘Restorative Justice can be used post-charge but pre-sentence’ and recommended that: “Restorative justice should be considered for all young adult offenders at all stages of the criminal justice process, including pre-arrest, pre-sentence, and as part of a sentence”.

Announcing the new legislative provisions Deputy Prime Minister Nick Clegg said: “For far too long, the Criminal Justice System has been centred on the offender – victims often feel they don’t have a voice. Restorative justice gives victims the chance to confront criminals face to face with the very real consequences of their crimes. This isn’t a soft option. This is about more rights for victims. And it has been proven to reduce reoffending too.”

The Restorative Justice Council are currently undertaking a specific project for T2A on ensuring that young adults have access to restorative justice interventions, for which a report will be published in early 2013.

RJC will work closely with the Ministry of Justice, the Magistrates Association and the Sentencing Council, to ensure the legislation is implemented and the judiciary receive the guidance they need. The RJC have stated that it ‘will continue working to ensure that, once offered restorative justice at the earliest opportunity through this legislation, victims are able to opt-in at a time that is right for them’.