Australian Capital Territory Numbered Acts

CRIMES (RESTORATIVE JUSTICE) ACT 2004 (NO. 65 OF 2004) - SECT 45

Before a restorative justice conference begins, the convenor must ensure that reasonable steps are taken to explain to each person who is to take part in the conference (in language that each can readily understand)—

        (a)     the objects of this Act in relation to the conference, including the purpose of restorative justice generally and for the particular offence; and

        (b)     the nature of restorative justice, including the following:

              (i)     the nature of a restorative justice conference;

              (ii)     who may take part in a restorative justice conference;

              (iii)     the nature of a restorative justice agreement; and

        (c)     that the person may, before and after the conference is called, seek independent legal advice about taking part in a restorative justice conference and about the effect of any restorative justice agreement reached at a conference; and

        (d)     that no-one is under an obligation to take part in the conference, or to continue to take part in conference after it has started; and

        (e)     if the offender has not entered a plea for the offence—that the acceptance of responsibility for the commission of the offence by the offender for the purpose of restorative justice does not prevent the offender from pleading not guilty to the offence; and

        (f)     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 the offender accepts responsibility for the offence to take part in restorative justice, 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.