Australian Capital Territory Numbered Acts

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CRIMES (RESTORATIVE JUSTICE) ACT 2004 (NO. 65 OF 2004) - SECT 28

Court referral orders—reports

    (1)     This section applies if a court makes a court referral order for section 27 in relation to a proceeding for an offence.

    (2)     The chief executive must give the court a written report about the outcome of restorative justice for the offence within the period for which the proceeding is adjourned under the order.

    (3)     The report must include a statement of the following in relation to each victim and parent mentioned in section 27 (1) (c) (ii), and the offender:

        (a)     whether the victim, parent or offender is eligible for restorative justice;

        (b)     if the victim, parent or offender is eligible for restorative justice—whether restorative justice is suitable for the victim, parent or offender;

        (c)     whether a restorative justice conference was held;

        (d)     if a restorative justice conference was held—

              (i)     the extent to which the conference met the objects of this Act; and

              (ii)     whether a restorative justice agreement was reached at the conference.

Note     If a form is approved under s 73 for this provision, the form must be used.

    (4)     If a restorative justice agreement was reached at a restorative justice conference for the offence, the report must include a copy of the agreement.

    (5)     The chief executive must give a copy of the report to—

        (a)     each victim and parent mentioned in section 27 (1) (c) (ii); and

        (b)     the offender; and

        (c)     the director of public prosecutions and any lawyer representing the offender.



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