Australian Capital Territory Numbered Acts

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CRIMES (RESTORATIVE JUSTICE) ACT 2004 (NO. 65 OF 2004) - SECT 20

Accepting responsibility for offences

    (1)     If an offender accepts responsibility for the commission of an offence to take part in restorative justice, this Act does not prevent the offender from pleading not guilty for the offence.

    (2)     The fact that a court knows that an offender has accepted responsibility for the commission of an offence to take part in restorative justice does not require a court to reduce the severity of any sentence it may make for the offender.

Note 1     To be eligible take part in restorative justice, an offender must accept responsibility for the commission of the offence (see s 19).

Note 2     The Crimes Act 1900 , s 342 (1) (v) provides that in deciding the sentence to be imposed on a person for an offence, the matters to which a court must have regard include the fact (if true) that the person has accepted responsibility for the commission of the offence to take part in restorative justice.

    However, the Crimes Act 1900 , s 344 (g) 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.



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