Australian Capital Territory Current Acts

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CRIMES (RESTORATIVE JUSTICE) ACT 2004 - SECT 24

Referral power

    (1)     A referring entity may refer an offence for restorative justice if the entity is satisfied that all the following conditions (the section 24 referral conditions ) apply:

        (a)     the offender is an eligible offender;

        (b)     there is an eligible victim or parent in relation to the offence;

        (c)     an explanation has been given under section 25 to the eligible offender, before the offender agrees to take part in restorative justice.

Note     The conditions under which a victim, parent or offender may be eligible are set out in s 17, s 18 and s 19.

    (2)     The restorative justice guidelines may prescribe procedures for making decisions about referrals under subsection (1).

    (3)     This section is subject to the following sections:

        (a)     section 26 (Referral by DPP—less serious family violence offences and less serious sexual offences);

        (b)     section 27 (Referral during court proceeding—before offender enters plea).

    (4)     This section does not apply to a referral under section 28A (Referrals not requiring offender notification—post-sentence stage).



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