Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if a statement is made by an offender (the "conference offender") during a restorative justice conference, or in a restorative justice agreement, in relation to an offence (the conference offence ) that has been committed by anyone (including the conference offender).
(2) Evidence of the statement may not be admitted in court in a proceeding in relation to a less serious offence (including the conference offence, if that is a less serious offence), whether or not the conference offender is accused of the offence.
(3) However, subsection (2) does not prevent a court, in sentencing an offender for an offence (whether the offence is a less serious offence or a serious offence), from considering a statement made by the offender during a restorative justice conference, or in a restorative justice agreement, in relation to the offence or any other offence.
Note There may be circumstances in which evidence of the statement is admissible in court in a proceeding in relation to a serious offence, whether or not the conference offence is a serious offence, or the conference offender is accused of the offence. Territory law that deals generally with the admission of evidence in criminal proceedings would apply.