WHEN a case comes before an Irish court, proceedings follow a structured process involving judges, legal representatives, and sometimes a jury. The verdict is only based on the evidence provided to the court, and must prove someone’s guilt or innocence beyond a reasonable doubt.
While victims can submit a ‘victim impact statement’ explaining the toll a crime or incident has has in their lives and wellbeing, it can only be given after a guilty verdict or before sentencing. In some cases, a court may also request a professional victim impact report. Both can influence a judge’s decision in sentencing.
This leaves limited time for a victim to express the real-life impact the crime committed against them has had, or for the offender to fully acknowledge the harm they have caused.
Many believe Restorative Justice (RJ) could offer another way for victims to have a voice, seek answers, and explain how a crime has affected them, while allowing those responsible to understand the harm they caused. It is a voluntary process that can take place before conviction or sentencing, and any agreements resulting may be considered by the court.
Under the Victims of Crime Act 2017, victims are entitled to information about RJ and the service if it is available in their area. It is currently available in 24 out of 26 counties across Ireland, including Limerick.
In Limerick, Le Chéile offers these services to people before the courts, and is one of five probation funded community-based organisations (CBOs) who provide restorative justice interventions across the country.
The child-centred service based in the Southill Hub recruits and trains volunteers from local communities to work with young people and families. It also provides mentoring services to children and young people engaged in Young Persons Probation.
Le Chéile currently runs an RJ project, funded by the Limerick Regeneration Project, now under Limerick City and County Council and Young Person’s Probation.
In 2018, it was the first RJ project set up as a pilot in Limerick, working mainly with 12 to 18 year olds. However due to rising demand, this has been extended to all age groups in recent months.
The rise in demand for services is represented across the country, with referrals for restorative justice rising by 88 per cent in 2024.
In Limerick, there has been a slow but steady increase with 21 court and self referrals made in 2024 alone. Last year, Le Chéile worked with 39 cases and had 27 referrals in Limerick.
Limerick courts also recorded the highest number of new referrals across the board to probation services in general, with as many as 350 new referrals per 100,000 residents.
The referrals were made across the Limerick District Court (517), Limerick Circuit Court and Higher Courts (76), and the Circuit Court Appeals from the District Court (20).
Measuring levels of empathy
If a victim is referred and deemed suitable for RJ in Limerick, they will engage with an organisation such as Le Chéile. The process can be carried out through direct or indirect participation, including victim representation.
Offenders can also complete a victim empathy programme, measuring their levels of empathy and working to build them back up again.
Alan Quinn, Le Chéile regional manager, says RJ can often help an offender understand the severity of their choices.
“A lot of people who are involved in committing crime, their empathy levels for people in general are quite low. So we have a tool that can measure levels of that person’s empathy … to help build it back up and get them to look at the impact of their actions on other people,” Alan explained.
“They answer around 30 questions and some of them are repeated in a different way to make sure that their answers are authentic. It’s one way of evaluating whether a person has appropriate levels of empathy and remorse, and if not, to see if we can try and build that back up again.”
This can lead to an in-person meeting between the victim and offender in a safe, controlled environment to discuss the crime and the impact it has on their lives.
“We’ve had people who you would think are quite tough on the exterior who break down because it never entered their head that the car they stole from a victim meant that they couldn’t visit their sick relative in hospital 20 miles away,” Alan said.
“It’s obvious for the person who’s caused the harm that it’s a wake-up call and that their actions have consequences, but for the person who was harmed it can really help them move forward and not be affected for the rest of their lives by what happened to them.”
A ‘soft approach’?
Emma Gunn is senior probation officer in the Restorative Justice and Victim Services Unit. While she welcomes the increase in referrals, she explains some of the barriers individuals may face when trying to access the service.
“The only caveat is in the probation service. If a victim from Limerick, for example, contacts us, the harm doer needs to be known to the probation service. But there are other organisations and private people who convene restorative justice processes as well,” she explains.
“Limerick would face a lot of the same challenges as other CBOs around the country, and accessibility is definitely one of them. It’s something that we are really trying to work on now.”
When asked by the Limerick Post whether RJ is potentially a ‘soft option’ for those who cause harm, Ms Gunn believes the benefits for all parties are plain to see.
“I don’t believe for one minute it’s a soft option. Some people actually prefer to go to prison for two or three months than do a probation bond because they’re not really taking full responsibility. It might be the easier option for some people,” she says.
“If somebody is really engaged in a restorative justice process, they have to commit to it. They have to think about the harm they’ve caused, victims affected, their own families, and their community. That can be quite difficult for people to look at themselves rather than the judge dictating the sentence and handing it to them.”
“For some people, it’s the first time they ever do any kind of therapeutic or offence focused work.”
The Restorative Justice Action Plan 2025-2027 published last March outlines plans to increase funding and awareness for more RJ referrals in 2026 and beyond. Almost €800,000 in funding was allocated to restorative justice in 2024 nationally. From that, Lé Cheile was allocated €36,500 for a Restorative Justice Project Worker. For the year ahead, the service recieved €34,600.
Under the plan, there are also hopes to increase referral numbers to community-based organisations like Lé Cheile by 10 per cent per year.
It’s hoped that further investment and increased awareness will not just support those embroiled in the courts today, but that it will lay the foundations for potential victims of crime in the future.
“There’s people out there who are potential future victims of crime, so at least if something does happen to them, they know that these services are out there and what the benefits are,” Mr Quinn said.
“Both victims and harm-doers have said to me that had they known about restorative justice sooner, they might have been able to move on a little bit quicker after some sort of traumatic period in their lives.”
– Funded by the Court Reporting Scheme