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.