3.65If a defendant is found guilty after trial or if the defendant pleads guilty, and a conviction is entered, sentencing will follow, usually some weeks later.
3.68There is no restriction on restorative justice being used in sexual violence cases. However, the Ministry of Justice currently requires restorative justice services for sexual violence to be delivered by an accredited facilitator. Where used in sexual violence cases, restorative justice conferences must be tailored to that context and take account of the unique dynamics of sexual violence. This means that the conferences may be lengthier and require more preparation time. At the time of writing, four restorative justice providers in New Zealand had accredited facilitators.
24A Adjournment for restorative justice process in certain cases(1) This section applies if—(a) an offender appears before a District Court at any time before sentencing; and(b) the offender has pleaded guilty to the offence; and(c) there are 1 or more victims of the offence; and(d) no restorative justice process has previously occurred in relation to the offending; and(e) the Registrar has informed the court that an appropriate restorative justice process can be accessed.(2) The court must adjourn the proceedings to—(a) enable inquiries to be made by a suitable person to determine whether a restorative justice process is appropriate in the circumstances of the case, taking into account the wishes of the victims; and(b) enable a restorative justice process to occur if the inquiries made under paragraph (a) reveal that a restorative justice process is appropriate in the circumstances of the case.