Restorative Justice

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Recommended: Limitations of restorative justice within the criminal justice system

II. OPPORTUNITIES FOR RESTORATIVE JUSTICE IN THE DELIVERY OF JUSTICE IN BOTSWANA
Restorative justice therefore refers to “a practitioner-led reform that calls for changes in the criminal domain, emphasizing mostly on communication and reconciliation between victim, offender and the community in which they reside” (Dzur, 2003). It can also be defined as “a tool addressing the hurts and needs of victims and offenders in a way that heals them and their community (Macharia, 2016). This means that the measure focuses on the rehabilitation of offenders in criminal activities or offences through reconciling them with victims of their acts and the community at large. Additionally it restorative justice dwells on reality, responsibility, repentance, …show more content…

Restorative justice application ensures that courts take into consideration the views of victims thereby protecting their interests whereby not all cases brought before courts are prosecuted (Mathumo, 2006). This can be shown through reconciliation of the offender and the victim, and it is provided for under Section 321(1) of the Criminal Procedure and Evidence Act Cap 08: 02. This provision stipulates that at the consent of the prosecutor, the court promotes reconciliation, while encouraging and facilitating the settlement in an amicable way of proceedings of any offence of a personal or private nature, which is not aggravated or is less serious. This was indicated in the case of STATE V. TAWENGWA ([1981] BLR 264), that the court must play an active part in the reconciliation process and the decision to promote, encourage and facilitate should be made before conviction. In the above mentioned case it was highlighted that the victim had nothing to benefit from the reconciliation and only the accused person was to benefit, hence it failed to be applied. This is performed in regards to payment of compensation or other terms approved by court and may there upon under proceedings to be stayed. Additionally, restorative justice is a diversionary measure which empowers the victims to present their views and concerns where their personal interest has been

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