justice freedom security S t a k e h o l d e r C o n f e r e n c e – M a r c h NATIONAL PROSECUTING AUTHORITY Community Prosecution and Restorative Justice Adv Shamila Batohi Director of Public Prosecutions 28 March 2007

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security A New Approach Why the need for a new Approach Not achieving our Vision High levels of crime Prosecutors overburdened and have little time to devote to exploring an expanded role in crime prevention

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security We realised that what was needed was: A Problem Solving Approach Work closely with the community and other Partners To clarify our role in the NCPS

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Our Response Restorative Justice Piloted in 3 sites Community Prosecution Piloted in 9 sites

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security What is Community Prosecution? Close gap between Prosecutors and Communities; Case processors vs problem solvers; Grassroots approach to law enforcement; Targeted geographic area; Traditional and non-traditional initiatives to work within a community to solve and prevent crime;

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security What is Community Prosecution? Contd Integrated approach involving reactive and proactive strategies; Long-term, proactive partnerships Varied methods of prevention; intervention and enforcement other than criminal prosecution to address problems; Community Involvement

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Quote “Prosecutors potentially have a huge influence over the administration of justice in a community. Prosecutors have a unique perspective in that they represent the only part of the Criminal Justice System that comes into contact with every other part. Consequently, prosecutors are not confined to one part of the system when thinking about, and participating in, developing imaginative crime control strategies”. Schonteich, M

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Traditional PP vs Community PP Reactive vs Proactive Case Processing vs Problem Solving

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Restorative Justice Government’s response to Crime More arrests More Prosecutions Harsher Punishment These have failed to reduce crime

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Study Smith Institute Study Findings: Restorative Justice Practices: Provide benefits to victims Significant impact on re-offending

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security A new Option? Policies since 1994 incorporated RJ principles Integration into the CJS has been difficult

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security A new Concept? RJ not a new Concept Return to traditional responses to crime “Ubuntu” has for many years been the basis for resolution of disputes Restoration, reconciliation and harmony were seen as a basis for the settlement of disputes

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security What is Restorative Justice? Offender Accountability Reparation of harm caused Rehabilitation rather than punishment Victim Driven

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Primary objectives of RJ Attend fully to Victims needs Prevent re-offending Offenders to take responsibility Rehabilitation and Crime Prevention Diverting from the formal CJS

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security When can RJ be used In the Community After reporting to Police Plea Bargaining During the trial – Alternate sentencing In prison

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Is RJ the correct approach? One view: Focus on Prevention and reducing recidivism. I agree Other view: Soft on Crime. I disagree

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Balance RJ cannot replace the current penal system Balance between Restorative Justice and Retributive Justice

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Change Having the capacity to change even before the case for change becomes apparent It cannot be business as usual

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h justice freedom security Not a Quick Fix “Those who plant the seeds of Restorative Justice might not be the ones to reap the fruits thereof”