Dispute resolution in criminal law

[Extract] [8.05] Dispute resolution is a process not typically thought of in relation to criminal matters.This is largely because of the way the criminal justice system is set up in Australia, in which the "dispute" is formally between the State and the offender (rather than between individuals, such as the victim and the offender). In addition, in the criminal justice system, outcomes tend to be seen as being based around punishment, and there is some ideological opposition to the idea of an offender negotiating their punishment, rather than it being imposed on them by an authority. However, dispute resolution has been introduced into the criminal justice system in Australia, as both an additional and an alternative process to standard criminal justice processes. The main dispute resolution processes in the criminal field are based on the theory of restorative justice, which is discussed in detail later in this chapter