Restorative justice conferencing in an environmental offending context : The role of legislation

Journal article


Hamilton, Mark. (2022). Restorative justice conferencing in an environmental offending context : The role of legislation. Asia Pacific Journal of Environmental Law. 25(1), pp. 51-76. https://doi.org/10.4337/apjel.2022.01.03
AuthorsHamilton, Mark
Abstract

Narrow conceptualizations of victimhood following environmental offending are slowly giving way to more inclusive understandings. Such victimhood being inclusive of individuals (living and future generations), communities (Indigenous and non-Indigenous), the environment, and commercial operators. Prosecution and traditional court processes fail to accommodate such victims, meaning the harm occasioned by environmental offending is not truly repaired. Restorative justice as an inclusive process offers hope in remedying such defect and can be embedded in court proceedings. Yet a strong legislative architecture is needed to encourage, facilitate and consider restorative justice in the context of environmental offending. Encouraged by the recent commencement of legislation in Victoria, Australia, which is facilitative of restorative justice following environmental offending, this article explores that legislation alongside that of New South Wales, Australia and New Zealand. Following appraisal, guidance is provided regarding what components effective legislation requires to encourage, facilitate and consider the use of restorative justice following environmental offending.

Keywordsenvironmental offending; restorative justice; front-end model; back-end model; legislation; framework approach; judicial approach to restorative justice outcome
Year2022
JournalAsia Pacific Journal of Environmental Law
Journal citation25 (1), pp. 51-76
PublisherEdward Elgar Publishing Limited
ISSN1385-2140
Digital Object Identifier (DOI)https://doi.org/10.4337/apjel.2022.01.03
Scopus EID2-s2.0-85147246239
Page range51-76
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
OnlineOct 2022
Publication process dates
Deposited25 May 2023
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https://acuresearchbank.acu.edu.au/item/8z0z4/restorative-justice-conferencing-in-an-environmental-offending-context-the-role-of-legislation

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