Australian Capital Territory Current Acts

VICTIMS OF CRIME ACT 1994 - SECT 16B

    (1)     This section applies if—

        (a)     a person has been charged with a relevant offence; and

        (b)     the director of public prosecutions is considering taking any of the following actions in relation to the charge (a proposed action ):

              (i)     substantially modifying the nature of the case in a proceeding for the charge, including by—

    (A)     accepting a guilty plea for a lesser charge; or

    (B)     discontinuing the prosecution of the charge;

              (ii)     applying to the ACAT for an assessment order in relation to the person.

Note     The DPP may apply to the ACAT for an assessment order in relation to a person alleged to have committed an offence if the DPP believes on reasonable grounds that it may not be appropriate to prosecute the person considering the nature and circumstances of the alleged offence and the person's apparent mental disorder or mental illness (see Mental Health Act 2015

, s 35).

    (2)     The director of public prosecutions must, as soon as practicable and before taking the proposed action, seek and consider the victim's views about the proposed action.

    (3)     However, the director of public prosecutions need not seek the victim's views if the director of public prosecutions considers that it would prejudice the prosecution of an offence.

    (4)     In this section:

"assessment order"—see the Mental Health Act 2015

, dictionary.

"relevant offence" means—

        (a)     an indictable offence; or

        (b)     any other offence in relation to which the victim has asked the director of public prosecutions to tell the victim about any proposed action.