Legislation is the first instrument to allow for, and promote the use of restorative practices. First of all, by making it more accessible, it has the most direct influence on the gatekeepers who decide on the procedures to be used with young people.
According to international standards, and in consideration of its suitability in various contexts, legislation should clarify that restorative justice must be available as a possible alternative to traditional criminal proceedings at all stages: before trial, during court proceedings, and as alternative sanctions. Research proves that mandatory rather than permissive legislation can achieve better results in terms of increasing rates of referral.
Secondly, legislation is key to ensure the quality of the service provided by restorative practices: on the one hand, by establishing that fair trial guarantees apply also to restorative measures for both victim and offender, and on the other hand by defining the fundamental conditions for a fair restorative process that encompasses voluntary participation; confidentially; and neutrality of the facilitator.