Australian Capital Territory Numbered Acts

CRIMES (RESTORATIVE JUSTICE) ACT 2004 (NO. 65 OF 2004) - SECT 53

Before a restorative justice agreement is signed, the convenor must ensure that reasonable steps are taken to explain to each required participant in the conference (in language that each can readily understand)—

        (a)     the nature, purpose and effect of the agreement; and

        (b)     that no-one is under an obligation to sign the agreement; and

        (c)     that the participant may, before signing the agreement, seek independent legal advice about the effect of the proposed agreement; and

        (d)     if the offender has not entered a plea for the offence—that any statement in the agreement that the offender accepts responsibility for the commission of the offence does not prevent the offender from pleading not guilty to the offence; and

        (e)     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.