41Measures that constitute the circle sentencing program

41 Measures that constitute the circle sentencing program

41 Measures that constitute the circle sentencing program

The program is constituted by the following measures—

(a) Offender enters into agreement to participate in the program

A participating court refers an offender for participation in a circle sentencing intervention program by making a program participation order and the offender enters into an agreement to participate in the program.

(b) Constitution of circle sentencing group

The Program Officer for the specified place, in consultation with the presiding Magistrate, convenes a circle sentencing group for the referred offender.

(c) Circle sentencing group determines intervention plan for offender and recommends sentence

The circle sentencing group meets—

(i) to determine an appropriate plan (if any) for the treatment or rehabilitation of the referred offender, and

(ii) to recommend an appropriate sentence for the offender.

(d) Offender to comply with intervention plan

The offender complies with the requirements of an intervention plan (if any) determined by the circle sentencing group.

Note.

Section 346 (1) of the Act defines intervention plan to mean a plan, agreement or arrangement arising out of the participation of an offender or an accused person in an intervention program.

cl 41: Am 2023 No 39, Sch 6.12[1].