CRIMINAL PROCEDURE REGULATION 2010 - REG 91 Eligibility to participate in program

This legislation has been repealed.

CRIMINAL PROCEDURE REGULATION 2010 - REG 91

91 Eligibility to participate in program

(1) A person is eligible to be referred by the Local Court to participate in the program only if:

(a) the person is a traffic offender, and

(b) the person has not been sentenced for the traffic offence, and

(c) the person enters into a written agreement to participate in the program, and

(d) the Court considers that, having regard to the matters referred to in subclause (2), the person is suitable for participation in the program.

(2) The Local Court is to have regard to the following matters in determining whether a traffic offender is suitable for participation in the program:

(a) the extent to which the offender's character, antecedents, age, health and mental condition would be likely to prevent the offender's participation in the program or disrupt the conduct of the program,

(b) the nature of the offence committed by the offender,

(c) any extenuating circumstances in which the traffic offence was committed,

(d) the impact of the offence on the community and the victim of the offence (if any),

(e) the offender's history of convictions for traffic offences (if any),

(f) such other matters as the Court considers relevant.

(3) When considering a traffic offender's history for the purposes of subclause (2), the Local Court is to consider the following:

(a) whether this is the traffic offender's first offence,

(b) if it is not the traffic offender's first offence, the nature and seriousness of any previous offence or offences.