Incorporating Restorative Justice into the Malaysian Criminal Justice System: A Comparative Analysis with New Zealand
List of Authors
Haarshwaran Kumar, Hanifah Haydar Ali Tajuddin
Keyword
Criminal Justice System, Restorative justice, retributive justice, pre-sentencing conference, family group conference
Abstract
The aim of restorative justice of reforming offenders and empowering victims are considered to be effective in reducing crimes. It is for this aim that restorative justice has been incorporated into developed countries’ criminal justice system such as New Zealand and, Australia. That said, it is high time for Malaysia to incorporate restorative justice into its criminal justice system. This article explores the possible incorporation of restorative justice into the Malaysian criminal justice system by analysing the practice and experience of New Zealand. It looks at the efficiency of the country’s current criminal justice system and how restorative justice can enhance it. The paper is doctrinal research and utilising qualitative methods, it compares and critically analyses. This article found that the current criminal justice system offers limited opportunities for victim participation and focusing more on punishing the offenders. Thus, it fails to fulfil the goal of deterrence and reducing recidivism. To complement the limitations that exist, this article explores the successful implementation of the restorative justice system in New Zealand. In doing so, two suggestions will be proposed as a way forward. Firstly, the incorporation of pre-sentencing conferences by amending the Criminal Procedure Code. Secondly, the introduction of a Family Group Conference for juvenile offenders by amending the Child Act 2016. Through these suggestions, it is hoped that a more just and inclusive criminal justice system can be created. The shift towards restorative justice has the potential to benefit the victim, the offender and the community as a whole.