Restorative justice

Restorative justice is a process that allows those harmed by a crime and those responsible for that crime to communicate in a safe way, if they wish to do so.

The aim is to enable the victim and offender to play an active role in discussing, addressing and repairing the harm that was done.

Restorative justice is voluntary. It will only take place if both the victim and offender wish to participate, and only after they are both fully prepared to do so.

The process is managed by a facilitator – often, a Garda, a Probation Officer or a person working for a restorative justice charity (known as a ‘community-based organisation’).

The facilitator is present during any contact between the victim and offender to manage the conversation they have. The facilitator's role is to explain the process and, if the victim and offender are interested, to prepare them by talking about their expectations, what they would say and how they might feel about it.

Who attends the restorative justice processes?

Restorative justice can be ‘direct’ or ‘face-to-face’, with both people in a room with a facilitator.

It can also be ‘indirect’ through the facilitator or in writing. The victim can ask questions to the person who committed the crime, or share ideas about how they could make amends.

If the victim and offender come together face-to-face, they will be prepared comprehensively for this. If they wish, they may bring a support person, such as a family member, to a face-to-face meeting.

More information about different types of restorative justice processes and what to expect can be found in the Probation Service’s restorative justice leaflet.

Many victims report feeling that their voice and personal experience of crime are missing from criminal proceedings.

For the victim to ask questions

Some victims have questions about why the person did what they did, why they specifically were victimised, and what the person will do next with their life.

Restorative justice aims to help victims overcome the harm done by giving them an opportunity to tell their story, ask questions and have a say in what could help to make amends.

For the victim to regain control and get closure

Restorative justice can help victims regain a sense of control by seeking answers to questions, explaining how the crime affected them directly to the person responsible, or asking the other person to think about their future behaviour. This gives the victim a voice and can bring closure and support victims’ recovery in ways that criminal justice often cannot.

For the offender to take responsibility 

Restorative justice also holds the person responsible directly to account. It can help the person who committed the offence to understand the consequences of their actions and enable them to identify what needs to happen to prevent it from happening again.

It challenges people who commit crime to take responsibility, put right the harm done, and not reoffend so they can take their place again as law-abiding members of the community.

As part of the process, both the victim and offender are allowed to have a say about what needs to happen next to address and make amends for the harm done and stop it reoccurring.

Under Irish law, all victims are entitled to be offered information about restorative justice from their first contact with An Garda Síochána, where the service is available.

Victims are also entitled to receive full and unbiased information about restorative justice, the potential outcomes, and their right to withdraw, before agreeing to participate.

Restorative justice can only take place if the offender acknowledges the basic facts of the case and agrees to participate. The facilitator must safeguard victims during the process.

The victim and offender may choose to develop an outcome agreement. With the consent of both the victim and offender, the judge is allowed, but not required, to take their agreement into account.

The Probation Service and several local community-based organisations offer restorative justice in different parts of the country.

Young offenders

If the person who committed the crime is a child and they receive a Youth Caution, the Garda who oversees the caution (a Juvenile Liaison Officer) can offer restorative justice.

If the person who committed the crime is a child and is prosecuted at court, Young Persons’ Probation and community-based organisations (below) can offer restorative justice during the court process, or after the child has been sentenced.

Adult offenders

If the person who committed the crime is an adult, the judge can refer the case to restorative justice after the person is convicted, but before they are sentenced.

If the person who committed the crime is an adult and they are sentenced to prison or to supervision by the Probation Service, the Probation Service’s Restorative Justice and Victim Services Unit offers restorative justice after the person has been sentenced.

If the victim wants restorative justice 

If a victim wishes to explore whether restorative justice is possible after the conviction but before the sentencing, they can ask the judge to make a referral.

If a victim wishes to explore restorative justice after sentencing, they can contact the Probation Service’s Restorative Justice and Victim Services Unit (01 817 3600 or restorative@probation.ie).

You can read more about restorative justice in Ireland on restorativejustice.ie and in the Probation Service’s restorative justice leaflet.

The Probation Service and several local community-based organisations offer restorative justice in between conviction and sentencing in different parts of the country:

• Le Chéile (01 214 4350 or info@lecheile.ie) works in Limerick, Cork, Clare and Kerry
• North West Restorative Justice Service (085 163 6687 or leanne.keely@tctctuam.com) works in Galway, Mayo and Roscommon
• The Probation Service’s Restorative Justice and Victim Services Unit (01 817 3600 or restorative@probation.ie) offers restorative justice between conviction and sentencing nationally.
• Restorative Justice Services (016 724 446 or referrals@rjs.ie) works in Dublin, Meath, Wicklow and Kildare
• Restorative Justice in the Community (067 41565 or info@rjc.ie) works in Tipperary, Laois, Offaly, Longford, Westmeath, Carlow and Kilkenny
• Wexford Restorative Justice Service (087 770 1934 or wexfordrj@cornmarketproject.com) works in Wexford

To contact the Probation Service Restorative Justice and Victim Services Unit:

To contact the An Garda Síochána Youth Diversion Bureau: