Australian Capital Territory Current Acts

CRIMES (RESTORATIVE JUSTICE) ACT 2004 - SECT 53

Before a restorative justice agreement is signed, the convenor must ensure that reasonable steps are taken to explain to each required participant in the conference (in language that each can readily understand)—

        (a)     the nature, purpose and effect of the agreement; and

        (b)     that no-one is under an obligation to sign the agreement; and

        (c)     that the participant may, before signing the agreement, seek independent legal advice about the effect of the proposed agreement; and

        (d)     if the offender has not entered a plea in relation to the offence—that the offender is not prevented from pleading not guilty to the offence only because section 19 (1) (b) (i) applies to the offender; and

        (e)     if a sentence-related order has not been made for the offender—that, if the offender is found guilty of the offence, a court, in sentencing the offender—

              (i)     may consider whether section 19 (1) (b) (i) applies to the offender, but is not required to reduce the severity of any sentence as a result; and

              (ii)     must not consider whether the offender has chosen not to take part, or not to continue to take part, in restorative justice.