45Exclusions of persons from circle sentencing groups

45 Exclusions of persons from circle sentencing groups

45 Exclusions of persons from circle sentencing groups

(1) The presiding Magistrate may exclude a person (other than the offender or a victim) from participation in a circle sentencing group if the Magistrate is satisfied that—

(a) the person has a conflict of interest that would prevent the person from impartially discharging his or her obligations as a member of the group, or

(b) the behaviour of the person is disrupting the orderly conduct of a meeting of the group.

(2) The Magistrate may, with the agreement of the other members of the group, invite another person to replace a person who has been excluded from participating in the group under subclause (1). However, if the other members do not agree, the Program Officer is to convene a new circle sentencing group for the offender excluding that other person.

(3) A person who is not a member of the circle sentencing group may not attend a meeting of the group unless all of the following persons consent—

(a) the presiding Magistrate,

(b) the offender,

(c) the victim, if a victim is participating in the group.