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The effects of regulated discretion on police referrals to restorative justice.

Crocker, Diane
June 4, 2015

Source: (2013) Dalhousie Law Journal. 36(2):393-418.

The Nova Scotia Restorative Justice Program relies heavily on referrals from police
who are authorized to refer a range of property and both violent and non-violent
offences. Federal legislation and provincial protocols guide referral decisions. Both
are designed to ensure that police consider extra-judicial measures, including
restorative justice. This article reports the findings of a survey of police officers on
their views of restorative justice and the types of cases they consider appropriate
for a referral. The findings confirm what other researchers have found about the
types of cases police officers prefer to divert from mainstream criminal justice
responses. Placed in the context of the Nova Scotia Restorative Justice Program,
the current survey findings shed light on how efforts to structure discretion and
decision-making will have limited effect. (author’s abstract)

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