4YCompletion of, and participation in, individual support plan

4Y Completion of, and participation in, individual support plan (1) On completion of an individual support plan by an accused to the satisfaction of the Court, the Court must hear and determine the criminal proceeding to which the individual support plan related. (2) If an accused completes, or participates in, an individual support plan to the satisfaction of the Court, the Court may discharge the accused without any finding of guilt. (3) The fact of participation in the individual support plan is not to be treated as a finding of guilt. (4) If the accused is discharged by the Court, the fact of participation in, or completion of, the individual support plan and the discharge of the accused is a defence to a later charge for the same offence or a similar offence arising out of the same circumstances. (5) If an accused participates in an individual support plan to the satisfaction of the Court and the accused is subsequently found guilty of the charge, the Court must take into account the extent to which the accused participated in the individual support plan when sentencing the accused. (6) If an accused fails to participate in an individual support plan to the satisfaction of the Court and the accused is subsequently found guilty of the charge, the Court must not take into account the accused's failure to participate in the individual support plan when sentencing the accused. (7) Nothing in this section affects the requirement to observe the rules of natural justice. (8) This section does not affect the incurring of demerit points under the **Road Safety Act 1986** or regulations made under that Act. (9) Nothing in this section affects or limits the operation of the **Sentencing Act 1991** or the powers of a magistrate or the Court under that Act.