Securing Restorative Justice for the ‘Non-Participating’ Victim

Source: (2002) In, Carolyn Hoyle and Richard Young, eds., New Visions of Crime Victims. Oxford: Hart Publishing. p. 97-131.

From having little role in the criminal justice process, crime victims in the last twenty years have moved into an integral role in that process. The rise of restorative justice during the same period has helped to shape this change, and restorative justice has the potential to refocus the criminal process with the victim at center stage with the offender. However, this is not a simple matter. Complexities inhere in attempting to integrate victims in the criminal process, and various critiques have highlighted the issues. In this context, and with particular attention to restorative cautioning schemes, Carolyn Hoyle considers the difficulties in realizing the potential of restorative justice with respect to victim integration and satisfaction in the criminal process. Viewing participation in the restorative cautioning process as a continuum rather than as a dichotomous choice of participation or non-participation, she discusses attempts to integrate victims into the process, the promise of restorative justice, and challenges posed by victims who choose not to meet their offenders.