Restorative Justice in The Child Justice System: Implementation in Other Jurisdictions
Abstract
Developments in the child criminal justice system internationally, indicate that restorative justice has been adopted as one of the mechanisms of resolving criminal cases. Some countries, such as the United Kingdom and New Zealand integrate restorative justice process into the child justice system to complement the available law in dealing with child offenders. It can be regarded as an alternative or complementary to the child justice system that allows the perpetrator and the victim to resolve the criminal dispute based on their needs and interests with the assistance of a neutral third party. Unless the discussion or agreement is unable to reach, the case will be forwarded to the court that has jurisdiction to hear and determine the case. However, Malaysia does not have specific provisions in the law that allow criminal offences committed by a child to be resolved through restorative justice. Thus, this article examines the concept of restorative justice and its implementation in the child criminal justice system in New Zealand and the United Kingdom. This article also examines Malaysian position on restorative justice for child offenders and how it can be integrated into the Malaysian child justice system. It is proposed that the Child Act 2001 be amended so that restorative justice can be introduced and implemented as part of the child justice system in Malaysia. This article adopts qualitative research with reference to printed and online materials such as books, journal articles, acts, and decided cases that are available in the library and the internet.
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References
Allison, M. & Gabrielle, M. (2011). Introducing Restorative Justice. In Daniel, V.N., Aliison, M. & Gabriell, M. Eds.), Restorative Justice for Juveniles: Conferencing, Mediation and Circles (p.1-12). Hart Publishing.
Catherine, L. (2000). Family Group Conferencing: New Directions in Community-Centered Child and Family Practice. (Gale, B. & Joe, H. Ed.). Transaction Publishers.
Cathy, A. (2006). The Family Group Conference Toolkit: A Practical Guide for Setting Up and Running an FGC Service. Family Rights Group.
Daniel, W. V. & Karen, H.S. (2015). Restoring Justice: An Introduction to Restorative Justice. Routledge.
Darrel, F. (2018). Family Group Conferencing with Children and Young People: Advocacy Approaches, Variations and Impacts. Springer.
David, T. (2019). Introduce Restorative Justice in Child Act Call. Daily Express. https://www.dailyexpress.com.my/news/132379/introduce-restorative-justice-in-child-act-call/.
Heather, S., Lawrence, W., Sherman, E.M., Daniel, W. & Barak, A. (2013). Restorative Justice Conferencing (RJC) Using Face-to-Face Meetings of Offenders and Victims: Effects on Offender Recidivism and Victim Satisfaction. A Systematic Review. Campbell Systematic Reviews, 9(1), 1-59.
Horward, Z. M. & Harry, M. (2003). Fundamental Concepts of Reforming Justice. In Eugene M.L., Ross, F., Gordon, H. & Louise, W. (Eds.), Restorative Justice: Critical Issues (p. 40-53). SAGE Publications.
Julie, S. (2002). Domestic Violence and Womens’ Safety: Feminist Challenges to Restorative Justice. In Heather, S. & John, B. (Eds), Restorative Justice and Family Violence (p.42-51). Cambridge University Press.
Karren, H. (2020). Penology: Theory, Policy and Practice. Springer.
Mark, S. U. (2008). Family Group Conferencing: Implications for Crime Victims. Diane Publishing.
Marie, C. & Margaret, M.K. (1998). Effective Participatory Practice: Family Group Conferencing in Child Protection. Aldine De Gruter.
Mike, W.& Diane, J. (2010). Youth Justice and the Youth Court: An Introduction. Waterside Press.
Muzaffar, S.M. (2015). Juvenile Delinquency in Malaysia: Current Issues, and Promising Approaches. Proceedings of INTCESS15- 2nd International Conference on Education and Social Sciences, 2-4th February 2015, Turkey, 260-267, http://www.ocerint.org/intcess15_e-publication/papers/49.pdf.
Lorren, W. (2013). Restorative Justice: Definition and Purpose. In Katherin, S. Van, W. & Lorenn, W. (Eds.), Restorative Justice Today: Practical Applications (p. 3-14). SAGE Publicatons.
Peter, H. (2014). Criminal Procedure and Sentencing. Routledge.
Richard, W. (2001). Young Offenders: Law, Practice and Procedure. Jordan Publishing Ltd.
Tali, G. (2011). Child Victims and Restorative Justice: A Needs-Rights Model. Oxford University Press.
Tony, M. (1996). Restorative Justice: An Overview. Home Office, Information & Publication Group. http://www.antoniocasella.eu/restorative/Marshall_1999-b.pdf
Tyrone, K. (2016). Victims and the Criminal Trial. Macmillan Publishers, London.
William, A. S.& Helmut, S. (2006). A Commentary on the United Nation Convention on the Rights of the Child: Article Thirty-seven. Martinus Nijhoff Publishers.
Wong, P. M. (23 October 2011). Giving Young Offenders a Second Chance. The Star. https://www.pressreader.com/malaysia/the-star-malaysia/20111023/284507225129385
