The ingredients of success for effective restorative justice conferencing in an environmental offending context

Journal article


Al-Alosi, Hadeel and Hamilton, Mark. (2019). The ingredients of success for effective restorative justice conferencing in an environmental offending context. University of New South Wales Law Journal. 42(4), pp. 1460-1488. https://doi.org/10.2139/ssrn.3495322
AuthorsAl-Alosi, Hadeel and Hamilton, Mark
Abstract

Environmental crimes can affect the air we breathe, water we drink, and the land we live on, making it essential to enforce environmental protection laws. Restorative justice conferencing provides a promising way to repair the harm occasioned, offering many benefits over traditional prosecution in court. However, it does have drawbacks and may not be suitable in all cases, raising the question of when it is appropriate to use when dealing with environmental offending. This article sheds light on the benefits and shortfalls of restorative justice in dealing with such offences, as well as proffering indicia that should be considered when assessing offender suitability to engage in conferencing – namely, offender responsibility, as evidenced through contrition and remorse. Such indicia can provide much-needed guidance to the courts, environmental agencies, and lawyers, which will be beneficial for the community and environment as a whole.

Year2019
JournalUniversity of New South Wales Law Journal
Journal citation42 (4), pp. 1460-1488
PublisherFaculty of Law, University of New South Wales
ISSN0313-0096
Digital Object Identifier (DOI)https://doi.org/10.2139/ssrn.3495322
Page range1460-1488
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online29 Nov 2019
Publication process dates
Deposited25 May 2023
Permalink -

https://acuresearchbank.acu.edu.au/item/8z0z5/the-ingredients-of-success-for-effective-restorative-justice-conferencing-in-an-environmental-offending-context

Restricted files

Publisher's version

  • 31
    total views
  • 0
    total downloads
  • 1
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Criminal law for common law states
Harfield, Clive, Hamilton, Mark and Teshome, Aderajew. (2023). Criminal law for common law states LexisNexis.
Restorative justice conferencing : A vehicle for repairing harm emanating from lawful but awful activity
Hamilton, Mark. (2022). Restorative justice conferencing : A vehicle for repairing harm emanating from lawful but awful activity. In In Gacek, James and Jochelson, Richard (Ed.). Green criminology and the law pp. 361-386 Palgrave Macmillan. https://doi.org/10.1007/978-3-030-82412-9_16
Restorative justice conferencing in a New Zealand environmental offending context : Two models
Hamilton, Mark. (2022). Restorative justice conferencing in a New Zealand environmental offending context : Two models. In In Pali, Brunilda, Forsyth, Miranda and Tepper, Felicity (Ed.). The Palgrave handbook of environmental restorative justice pp. 593-616 Palgrave Macmillan. https://doi.org/10.1007/978-3-031-04223-2_23
Restorative justice conferencing in an environmental offending context : The role of legislation
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
Environmental crime and restorative justice : Justice as meaningful involvement
Hamilton, Mark. (2021). Environmental crime and restorative justice : Justice as meaningful involvement Palgrave Macmillan. https://doi.org/10.1007/978-3-030-69052-6
Restorative justice conferencing in Australia and New Zealand : Application and potential in an environmental and Aboriginal cultural heritage protection context
Hamilton, Mark. (2021). Restorative justice conferencing in Australia and New Zealand : Application and potential in an environmental and Aboriginal cultural heritage protection context. The International Journal of Restorative Justice. 4(1), pp. 81-97. https://doi.org/10.5553/TIJRJ.000064
The potential of restorative justice in promoting environmental offenders' acceptance of responsibility
Al-Alosi, Hadeel and Hamilton, Mark. (2021). The potential of restorative justice in promoting environmental offenders' acceptance of responsibility. University of New South Wales Law Journal. 44(2), pp. 487-512. https://doi.org/10.53637/GBEQ9308
Restorative justice intervention in an Aboriginal cultural heritage protection context : Chief executive, Office of Environment and Heritage v Clarence Valley Council
Hamilton, Mark. (2019). Restorative justice intervention in an Aboriginal cultural heritage protection context : Chief executive, Office of Environment and Heritage v Clarence Valley Council. Environmental and Planning Law Journal. 36(3), pp. 197-211.
Restorative justice intervention in an environmental and planning law context : Applicability to civil enforcement proceedings
Hamilton, Mark. (2016). Restorative justice intervention in an environmental and planning law context : Applicability to civil enforcement proceedings. Environmental and Planning Law Journal. 33(5), pp. 487-501.