34Summary of process for participation in program

#### 34 Summary of process for participation in program 34 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) Suitability assessment order made > > > > > > A participating court makes a suitability assessment order in respect of the offender. > > > > > (b) Program Officer convenes meeting of Aboriginal Community Justice Group > > > > > > The Program Officer for the specified place convenes a special meeting of the Aboriginal Community Justice Group for the specified place under Division 2 to assess whether the offender is a suitable candidate to participate in the program. (The Program Officer is to carry out the assessment if, after making all reasonable efforts to do so, the Program Officer cannot convene a meeting of the Group within a reasonable time.) > > > > > (c) Aboriginal Community Justice Group assesses offender > > > > > > 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. (If the Program Officer carries out the assessment, the Program Officer is to have regard to the same criteria in carrying out the assessment, and report the finding to the court.) > > > > > (d) Court determines whether program participation order should be made > > > > > > If the Aboriginal Community Justice Group (or the Program Officer, if that is the case) assesses an offender as not being suitable for participation, the offender will not be eligible to participate in the program. However, if the Group (or the Program Officer) 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) Offender enters into agreement to participate > > > > > > The offender enters into an agreement to participate in the program. > > > > > (f) Program Officer convenes a circle sentencing group > > > > > > The Program 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 presiding Magistrate will preside over the circle sentencing group. > > > > > (g) Offender must comply with program and any intervention plan > > > > > > 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) Court may pronounce a sentence > > > > > > 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. The 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. > > **cl 34:** Am 2023 No 39, Sch 6.12\[1\].