Australian Capital Territory Numbered Acts

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CRIMES (RESTORATIVE JUSTICE) ACT 2004 (NO. 65 OF 2004) - SECT 7

Application of restorative justice

    (1)     In deciding how to deal with an offence, a referring entity may consider whether it is appropriate to refer the offence for restorative justice before considering other action.

Note     Referring entities are listed at table 22. They represent the agencies responsible for the various stages of the criminal justice process in relation to an offence.

    (2)     However, if an offence is referred for restorative justice, the referral is to have no effect on any other action or proposed action in relation to the offence or the offender by the referring entity.

Example

Sían is arrested and charged with an offence. The chief police officer refers the offence for restorative justice. The referral of the offence does not prevent Sían being required to attend court to answer the charge.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).



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