59Evidence of offences

59 Evidence of offences (1) This section applies if a statement is made by an offender (the conference offender) during a restorative justice conference, or in a restorative justice agreement, in relation to an offence (the conference offence) that has been committed by anyone (including the conference offender). (2) Evidence of the statement may not be admitted in court in a proceeding in relation to a less serious offence (including the conference offence, if that is a less serious offence), whether or not the conference offender is accused of the offence.

Evidence of statements made at conferences Division 8.6 Section 60 (3) However, subsection (2) does not prevent a court, in sentencing an offender for an offence (whether the offence is a less serious offence or a serious offence), from considering a statement made by the offender during a restorative justice conference, or in a restorative justice agreement, in relation to the offence or any other offence. Note There may be circumstances in which evidence of the statement is admissible in court in a proceeding in relation to a serious offence, whether or not the conference offence is a serious offence, or the conference offender is accused of the offence. Territory law that deals generally with the admission of evidence in criminal proceedings would apply.