Oireachtas Joint and Select Committees

Wednesday, 7 May 2014

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of Criminal Justice (Community Sanctions) Bill: Discussion

2:40 pm

Mr. Shane McCarthy:

It is vital that an accused have the opportunity to engage with a legal adviser and take advice on whether to engage in a restorative justice procedure before deciding whether he or she should become involved. The point I have made is that all restorative justice procedures should be referred from a court to a restorative justice scheme and that in the court the accused should have the opportunity to discuss the issues involved with a solicitor and be able to take proper advice on the powers and remit of the restorative justice scheme to which he or she is potentially being referred. Once he or she is aware of this, his or her involvement with the restorative justice scheme would be on the basis of informed consent. That is vital from so many points of view, including the subsequent success of the restorative justice scheme.