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The primary goal of the Restorative Justice process is not punishment but making good the harm done by offending for the victim, the community and the offender. Offenders have to take responsibility for their actions as a precondition to addressing the harm that they have caused. Offenders become aware that a crime is committed, not against an abstraction, but against someone real, a person like themselves and against their community, who are directly and indirectly affected by what has happened. Crime and conflict affect relationships between individuals who are left outside the court system altogether by conventional justice. Proceedings and arguments of the restorative process are voluntary for all parties. People are given the opportunity to partake in mediation, or to accept reparation. The process is always confidential however; outcomes and agreements can be made public, depending on the authorisation by participants.

The chapter will examine the emergence and influence of the restorative justice movement as a bridge between communities, civil society and the state in Ireland. The chapter will focus on the Republic of Ireland, but will also examine restorative conferencing in Northern Ireland. This will be divided into a number of sections, each reflecting the emergence of a movement dedicated to the promotion of restorative justice as a vehicle for a holistic form of community-based justice in Ireland. This chapter covers the history, scope, and philosophical-political background of the restorative justice movement, providing specific examples of the interchange between this restorative justice movement and civil society in Ireland, Northern Ireland and the United States. The wider potential of the restorative justice movement will be highlighted.

This potential is demonstrated in the restorative movement’s challenge to understandings of failed punitive approaches, and through its socially redemptive alternative which emphasises collective responsibility for crime amongst all of the community. The chapter will also examine the international background to restorative justice, and its theoretical understandings, with a focus on key theorists such as Strang and Braithwaite, amongst others. It will examine salient issues that underpin social justice and social control in Ireland, including the potential impacts of restorative justice policy and practice for the wider community and the state.

Advocates of restorative justice have recently argued that this reform movement is ideologically diverse, perhaps because the potential for program expansion and the realization of funding support is largely dependent on mainstream normative criminal justice system processes. This chapter examines the ideological underpinnings that shape restorative programming to the conclusion that restorative justice is philosophically liberal. The liberal agenda of the restorative justice paradigm is assessed in terms of implications for societal benefit, traditional justice system goals, and the future of restorative justice. Unintended and counterproductive consequences of the left-leaning nature of restorative justice are considered with particular emphasis on accountability. It is argued that the establishment of accountability-based theoretical research programs is necessary in order to further both theoretical and programmatic restorative justice initiatives.

In the last 10 years, India has amended its laws dealing with sexual offences against women with the changes ranging from increasing terms of imprisonment for the offence of rape to state-funded compensation schemes for women and child victims. In this regard, challenges persist for the agencies of the criminal justice system in India especially the courts to realise the vision of restorative justice as these forums have to navigate the relevant statutory provisions and binding precedents. This chapter seeks to analyse the challenges faced by courts in proper reintegration of victims and offenders of sexual offences, the institutional responses of the courts and suggests reforms to the criminal justice system in India in consonance with the principles of restorative justice acknowledged in the restorative justice movement in the international discourse.