This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Explore how restorative justice features within the criminal justice system in England and Wales and how such outcomes are treated on appeal. This detailed guide explains when restorative justice can influence sentencing, the legal basis for appeals, relevant procedures and practical considerations for offenders and victims.
Restorative justice is increasingly recognised as an important part of the criminal justice landscape in England and Wales. It offers a way for victims and offenders to engage meaningfully following harm, with a focus on repair, responsibility and reintegration. However, when restorative justice outcomes are incorporated into formal court decisions or linked with sentencing, questions arise about how these are treated on appeal. This article explains what restorative justice is, how orders involving restorative justice operate within the criminal process, and how they may be reviewed on appeal. It draws on current policy, statutory frameworks and established practice to provide a clear, authoritative explanation for solicitors, students and members of the public.
What Is a Restorative Justice Order?
Restorative justice (RJ) encompasses structured processes in which those harmed by crime and those responsible for that harm engage in dialogue, often facilitated by trained practitioners. The aim is to acknowledge harm, address its consequences, and agree steps toward repair or reconciliation. RJ can be used at multiple stages of the criminal process:
- Pre‑court as part of diversion or out‑of‑court resolutions;
- Pre‑sentence where courts defer sentencing to allow restorative engagement;
- Post‑sentence where restorative activity may form part of rehabilitation or community reintegration.
RJ itself is generally a voluntary process requiring the consent of both victim and offender, and it does not automatically affect sentencing decisions. Judges and magistrates remain responsible for punishment within statutory guidelines, even where restorative activity has occurred.
How Restorative Justice Is Used in the Criminal Justice Process
Restorative justice can feature in outcomes in several ways:
Restorative Elements Before Court
Police, prosecutors or victim support services may offer restorative engagement as an alternative or complement to prosecution. This typically takes place before formal charges or as part of out‑of‑court resolutions. These processes are not themselves orders of the court and do not constitute formal sentence.
Pre‑Sentence Restorative Justice
Under the Crime and Courts Act 2013, courts in England and Wales may defer sentencing to allow restorative justice activity to take place where victim, offender and court agree and where it is suitable. This enables the court to receive a report on the outcome, which may inform sentencing.
As Part of Sentencing Orders
Restorative outcomes may be reflected within broader community or rehabilitation orders, but a pure RJ order - in the sense of a standalone judicially imposed “restorative justice order” - is not a commonly recognised separate disposal like a criminal behaviour order or community order. Rather, any restorative requirements will typically be embedded within existing sentencing options such as community orders where the offender agrees to participate in RJ as part of their rehabilitation plan.
Grounds for Appeal Involving Restorative Justice
An appeal against conviction or sentence in England and Wales focuses on whether there has been an error of law, fact, or procedure at the original hearing. The appellate court's primary function is not a rehearing of evidence but a review based on legal grounds.
Appeals on Sentence
If a sentence involves restorative elements - for example, deferred sentencing conditioned on restorative activity - the appellant (usually the offender) may argue that the sentence was manifestly excessive or that the restorative component was improperly considered within the overall sentencing exercise. In practice, this would involve showing that the sentencing court failed to take account of relevant guidance or applied incorrect principles in assessing the appropriate disposal.
This approach mirrors general principles of appellate review: the Court of Appeal Criminal Division will intervene where the sentencing judge has erred in principle or reached an unreasonable conclusion. There is no separate statutory appeal route specifically for restorative justice orders; appeals follow the same routes and grounds as other criminal appeals.
Appeals on Conviction
Where restorative justice activity occurred before conviction (such as pre‑sentence engagement or diversionary RJ), this does not in itself create independent grounds for appeal. However, a defendant could seek to argue that procedural irregularity in considering restorative evidence distorted the fairness of the hearing - but this would be treated as a general procedural fairness issue.
The Role of the Criminal Cases Review Commission
If an appellant has exhausted direct appeal rights and believes there remains a miscarriage of justice or new material relevant to sentence, the Criminal Cases Review Commission (CCRC) may review the case. The CCRC can refer matters back to the Court of Appeal if new evidence or legal arguments suggest that an appeal court may arrive at a different result. This applies equally regardless of whether restorative elements featured in the original sentence.
Practical Considerations for Appeals
Time Limits and Permission
Appeals against sentence typically require permission to appeal within strict time limits (commonly 28 days from sentencing in many Crown Court appeals). Appellants must identify error of law or principle and specify why the original disposal was wrong in law or unreasonable.
What the Court Will Consider
In evaluating whether the appellate court should uphold or vary a sentence with restorative elements, key factors include:
- Whether the sentencing court properly understood the role of restorative engagement;
- Whether relevant sentencing guidelines and statutory factors were applied;
- Whether the restorative component was proportionate and legally appropriate.
The restorative aspect will generally be reviewed as part of the overall sentencing exercise rather than as a separate entity.
Common Questions About Restorative Justice Orders and Appeals
Can victims appeal restorative justice outcomes?
Victims do not have a direct right to appeal a sentence or restorative outcome. They can, however, be informed of appeal proceedings and may provide updated victim personal statements where relevant to sentencing on appeal.
Does restorative justice automatically reduce the sentence on appeal?
No. Restorative engagement may influence initial sentencing, but appellate decisions are made independently. The court will assess whether the original sentence was lawful and reasonable. RJ participation does not guarantee a lighter sentence on review.
What if new restorative evidence emerges?
If fresh evidence or new information about harm or restorative engagement arises after the original hearing, this may be relevant to a CCRC referral or could underpin legal arguments in a fresh appeal if it materially affects the basis of sentencing or conviction.
Key Takeaways
Restorative justice in England and Wales is a voluntary process allowing victims and offenders to engage, potentially informing sentencing. Where restorative justice influences a sentence - for example, through deferred sentencing or embedded conditions - it forms part of the broader sentencing exercise. Appeals against such sentences follow established criminal appeal routes and focus on legal error, unreasonableness or procedural unfairness. There is no separate statutory appeal mechanism unique to restorative justice orders. Appellants should demonstrate specific legal grounds for challenging how restorative elements were considered within the sentence. Bodies such as the Criminal Cases Review Commission provide a further avenue for review where new evidence or legal issues justify referral back to appeal courts.
