sec.163Power of court to make restorative justice process referral

### sec.163 Power of court to make restorative justice process referral The court may, by notice given to the chief executive, refer an offence to the chief executive for a restorative justice process if— the court considers the child is informed of, and understands, the process; and the child indicates willingness to comply with the referral; and the court is satisfied that the child is a suitable person to participate in a restorative justice process; and having regard to the deciding factors for referring the offence, the court considers the referral would— allow the offence to be appropriately dealt with without making a sentence order (a court diversion referral ); or help the court make an appropriate community based order or detention order (a presentence referral ); and having regard to a submission by the chief executive about the appropriateness of the offence for a referral, the court considers the referral is appropriate in the circumstances. In this section— deciding factors , for referring an offence, means— the nature of the offence; and the harm suffered by anyone because of the offence; and whether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process. s 163 orig s 163 om 2002 No. 39 s 78 prev s 163 ins 1996 No. 22 s 43 amd 2002 No. 39 s 59 om 2012 No. 41 s 21 pres s 163 ins 2016 No. 39 s 23 (sec.163-ssec.1) The court may, by notice given to the chief executive, refer an offence to the chief executive for a restorative justice process if— the court considers the child is informed of, and understands, the process; and the child indicates willingness to comply with the referral; and the court is satisfied that the child is a suitable person to participate in a restorative justice process; and having regard to the deciding factors for referring the offence, the court considers the referral would— allow the offence to be appropriately dealt with without making a sentence order (a court diversion referral ); or help the court make an appropriate community based order or detention order (a presentence referral ); and having regard to a submission by the chief executive about the appropriateness of the offence for a referral, the court considers the referral is appropriate in the circumstances. (sec.163-ssec.2) In this section— deciding factors , for referring an offence, means— the nature of the offence; and the harm suffered by anyone because of the offence; and whether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process. - (a) the court considers the child is informed of, and understands, the process; and - (b) the child indicates willingness to comply with the referral; and - (c) the court is satisfied that the child is a suitable person to participate in a restorative justice process; and - (d) having regard to the deciding factors for referring the offence, the court considers the referral would— (i) allow the offence to be appropriately dealt with without making a sentence order (a court diversion referral ); or (ii) help the court make an appropriate community based order or detention order (a presentence referral ); and - (i) allow the offence to be appropriately dealt with without making a sentence order (a court diversion referral ); or - (ii) help the court make an appropriate community based order or detention order (a presentence referral ); and - (e) having regard to a submission by the chief executive about the appropriateness of the offence for a referral, the court considers the referral is appropriate in the circumstances. - (i) allow the offence to be appropriately dealt with without making a sentence order (a court diversion referral ); or - (ii) help the court make an appropriate community based order or detention order (a presentence referral ); and - (a) the nature of the offence; and - (b) the harm suffered by anyone because of the offence; and - (c) whether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.