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Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice

journal contribution
posted on 2023-05-16, 14:44 authored by Catherine WarnerCatherine Warner, Rudolf, JL
Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system. Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

History

Publication title

The Australian and New Zealand Journal of Criminology

Volume

36

Pagination

60-76

ISSN

0004-8658

Department/School

Faculty of Law

Publisher

Australian Academic Press

Place of publication

Brisbane

Rights statement

Copyright © 2003 Australian Academic Press

Repository Status

  • Restricted

Socio-economic Objectives

Justice and the law not elsewhere classified

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