Report into reducing the use of imprisonment highlights greater availability of restorative justice in Europe

The Criminal Justice Alliance has published a report by Rob Allen Reducing the Use of Imprisonment: What can we learn from Europe? which analyses how several European countries, particularly the Netherlands and Germany have seen sharp falls in their prison populations over the last five years.

The report points to the greater availability of mediation and restorative justice options at various stages of the process as one of the features of continental justice systems with lower rates of imprisonment.

The report says: "The third distinctive element available in the European jurisdictions is restorative justice options which can be used by prosecutors and by courts in a wider variety of cases than in England and Wales. In Germany prosecutors can dismiss charges if the accused makes a serious attempt to reach a mediated agreement with the aggrieved person thereby trying to make reparation for his offence, in full or to a predominant extent. Courts can mitigate or even in minor cases dispense with punishment if the perpetrator has in an effort to achieve mediation with the aggrieved party, completely or substantially made restitution for his act or earnestly strived to make restitution. About half of victim offender mediation cases in Germany relate to a violent offence. In England and Wales, the Ministry of Justice is committed to making more use of RJ but does not want to do so in a way that is 'over prescriptive or places unnecessary restrictions or burdens upon the system'. There are currently no plans for the kind of legislative provisions that apply in Europe."

The Criminal Justice Alliance is one of ten organisations who, along with the RJC, have called on the government to legislate to increase the availability of restorative justice.

Find out more at http://www.criminaljusticealliance.org/