CRIMINAL PROCEDURE REGULATION 2010 - REG 31 Summary of process for participation in program

This legislation has been repealed.

CRIMINAL PROCEDURE REGULATION 2010 - REG 31

31 Summary of process for participation in program

(1) The following is a summary of the process involved in referring an offender for participation in the program:

(a) A participating court makes a suitability assessment order in respect of the offender.

(b) The Project Officer for the declared place convenes a special meeting of the Aboriginal Community Justice Group for the declared place under Division 2 to assess whether the offender is a suitable candidate to participate in the program.

(c) The Aboriginal Community Justice Group meets to assess the offender's suitability having regard to certain criteria. The Group may either assess the offender as being suitable or not suitable for participation. In either event, the Group must report its finding to the court that referred the offender.

(d) If the Aboriginal Community Justice Group assesses an offender as not being suitable for participation, the offender will not be eligible to participate in the program. However, if the Group assesses the offender to be suitable, the participating court may then make a program participation order if it is satisfied that the offender is otherwise eligible to participate and that it would be appropriate for the offender to participate in the program.

(e) The offender enters into an agreement to participate in the program.

(f) The Project Officer will then convene a circle sentencing group constituted as provided by Division 3 for the purpose of recommending an appropriate sentence and determining a treatment and rehabilitation plan for the offender. The Magistrate who refers the offender will preside over the circle sentencing group.

(g) An offender must comply with the program participation order and any intervention plan determined by the circle sentencing group. A failure to do so may result in the offender being returned to the participating court for the court to deal with the offender.

(h) The court that referred the offender may, if it agrees with the consensus of the circle sentencing group on the issue, impose a sentence on the offender in the terms recommended by the group following the conclusion of the circle. Any such sentence will be pronounced in open court.

(2) This clause does not affect the meaning or interpretation of any provision of this Part that it summarises.