Mediation & the law: Victims of Crime & ADR - Part 1.

It is general knowledge that the Criminal Justice System (CJS) in South Africa has been developed around the substantive criminal law, formal law including the processes to be followed in the investigation of crime, methods of bringing offenders before court, bail, postponements, trial and sentencing of offenders, and legislation on dealing with offenders after sentencing to correctional facilities. Yet, victims of crime do not get the legal protection and recognition they deserve. Although the Criminal Procedure Act 51 of 1977 (CPA) provides for compensation of victims of crime where offenders have caused damage to or loss of property, this provision is rarely applied. The Victim's Charter is a policy document that recognises the plight of victims, but it is a far cry from their real needs. The use of Alternative Dispute Resolution (ADR) in criminal cases offers creative solutions to offenders and victims of crime. [ABSTRACT FROM AUTHOR]