Victim-offender mediation : a proposal for Maltese law

Abstract

Victim-Offender Mediation is a restorative justice process. It provides interested victims of crime the opportunity to meet the offender, in a safe and structured setting and in the presence of a trained mediator. The direct encounter experienced between the victim and the offender through the Victim-Offender Mediation process aims, to hold the offender directly accountable for the crime committed while providing assistance and compensation to the victim. The thesis proposes the introduction and implementation of a more effective restorative approach, through the introduction and implementation of Victim-Offender Mediation, within the Maltese juvenile justice framework. The idea is to propose a more holistic vision on the rehabilitation of the young offender by involving more the victim of crime, the individual and community. Chapter 1 provides a brief overview of the general concept of mediation and its current application within the Maltese Legal System. Then the second part of chapter 1 examines the principles, goals and most common forms of restorative justice applied and explains how mediation can also be relevant for criminal matters. The concept of Victim-Off ender Mediation will be considered in Chapter 2 and it will be suggested that it is a concept which has many valid properties. Its history and dissemination will be analysed. Victim-Offender Mediation can be looked at as a tool of the balanced approach of restorative justice and an important alternative to other forms of punishment. Chapter 3 examines the application of Victim-Offender Mediation in a number of countries namely Italy, Catalonia, UK and France. The strengths and weaknesses of the method of application of Victim-Offender Mediation within the selected countries will be highlighted, which will lead to determine, in Chapter 4, the ideal Victim-Offender Mediation practice for the Maltese Juvenile Justice system. Chapter 4 shall also propose a draft Victim-Offender Mediation Act. The final chapter, Chapter 5, provides an evaluation based on a summary the main findings of the thesis and emphasises the need for the introduction of Victim-Offender Mediation within Malta's legal scenario.