Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This Act does not prevent an offender from pleading not guilty to an offence only because section 19 (1) (b) applies to the offender.
(2) A court is not required to reduce the severity of any sentence it may impose on an offender because the court is aware section 19 (1) (b) applies to the offender.
Note 1 To be eligible to take part in restorative justice, an offender must accept responsibility for the commission of the offence or, if the offender is a young offender and the offence is a less serious offence or the offender is a child offender, must not deny responsibility for the commission of the offence (see s 19).
Note 2 The Crimes (Sentencing) Act 2005
, s 33 (1) (y) provides that, in deciding how an offender should be sentenced (if at all) for an offence, the matters known to the court that it must consider include whether this Act
, s 19 (1) (b) applies to the offender.
However, the Crimes (Sentencing) Act 2005
, s 34 (1) (h) provides that a court must not increase the severity of the
sentence that it would otherwise impose on a person for an offence because the
offender has chosen not to take part, or to continue to take part, in
restorative justice for the offence.