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Part 2: Outside the Court
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In the following sections we recommend:
Guiding principles for alternative criminal justice processes
R29 A set of guiding principles should be adopted for alternative criminal justice
models operating outside the direct supervision of the court, with such legislative
amendment as necessary to ensure they protect the rights and interests of victims
and defendants.
Infringements and minor offences
R30 One statutory framework should be developed to regulate the establishment of
infringement offence schemes and procedures.
R31 Penalties for infringement offences should be reviewed to ensure there is
proportionality between the behaviour being regulated and the penalty
imposed.
R32 The minor offence regime should be examined to determine whether some minor
offences should be reclassified as infringement offences, or removed from the
statute books altogether.
Police diversion
R33 A new formal police caution process should replace the current police diversion
process with legislative amendments to permit the changes to be implemented.
Restorative justice
R34 Policies, including funding policies should be developed for the operation of
restorative justice programmes under the Sentencing Act 2002 and Victimsf
Rights Act 2002 that ensure high standards of accountability, consistency, equity
and transparency.
R35 Regulations should be developed to provide for best process standards in the
provision of restorative justice programmes and the monitoring and enforcement
of offendersf plans prior to sentencing.
The limitations of alternative justice processes
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It is important to recognise the limits of alternative justice processes. To be
effective they require willing participants and acknowledgment of responsibility
on the part of the offender. Without these, only a court can resolve disputed
charges, function as the guardian of basic human rights and impose enforceable
sanctions.
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Alternative processes also have the potential to undermine core fundamental
principles if they result in uncertainty as to processes and accountability
mechanisms, lead to unwarranted variations in outcomes, mask incompetent or
