27Referral during court proceeding—before offender enters

27 Referral during court proceeding—before offender enters plea (1) This section applies if— (a) a court is the referring entity for an offence under table 22, item 3; and (b) the prosecution and any lawyer representing the offender agree that the offence should be referred for restorative justice; and (c) either— (i) the court is satisfied that the section 24 referral conditions apply; or (ii) the court considers that it is appropriate to refer the offence for restorative justice, and the court has ensured that an explanation has been given under section 25 (Explanation of restorative justice) to the offender. (2) The court may by order (a court referral order) adjourn the proceeding for a stated period, and refer the offence for restorative justice, on the application of— (a) the director of public prosecutions; or (b) the offender’s legal representative. (3) The court must ensure that a copy of the court referral order is given to— (a) the director-general (restorative justice); and (b) the director of public prosecutions; and (c) any lawyer representing the offender.

Section 28 page 24 Crimes (Restorative Justice) Act 2004 (4) The director-general (restorative justice) must ensure that a copy of the court referral order received under section (3) (a) is given to— (a) each person who could be an eligible victim or eligible parent in relation to the offence; and (b) the offender. (5) For the referral of a less serious family violence offence or a less serious sexual offence alleged to have been committed by a young offender or an adult offender, the court may make a court referral order, before the offender pleads guilty to the offence or is found guilty of the offence, only if it considers that exceptional circumstances exist to justify the referral. Note This Act does not apply to a serious family violence offence or a serious sexual offence unless the offender pleads guilty to the offence, or is found guilty of the offence (see s 16).