Restorative Justice

The ACT Restorative Justice Unit’s (RJU) primary objective is to provide RJ to members of the community who have been affected by an offence in a forum that may provide:

• an opportunity to talk about how an offence has affected you and those close to you;
• an opportunity to address any unresolved questions, issues and emotions experienced by you or those close to you;
• an opportunity for the defendant to accept responsibility for what they’ve done and to repair the harm they caused; and
• an opportunity for victims, defendants and supporters to discuss the harm caused by the offence in a carefully managed and safe environment.

At any stage during the administration of criminal justice for the offence, you may ask a justice agency (for example, ACT Policing or ACT DPP) whether the offence may be referred for restorative justice and, where appropriate, to refer the offence for restorative justice.
Police can only refer a matter to RJ prior to the Court process commencing. However, if you would like the matter referred to RJ once the Court process has commenced, the ACT DPP may be able to assist you. Participation in RJ is voluntary and no-one can force you or the defendant to participate or continue participating.

A defendant participating in RJ and accepting responsibility for their actions does not stop the defendant from entering a plea of not guilty in Court proceedings.
Some matters that are referred to RJ will not go to Court, while other matters will go to Court  and also be referred to RJ. If a defendant does not participate properly in RJ, the matter will not be considered to have been successfully resolved and will likely progress to Court. The matter can also go to RJ after the Court has sentenced a defendant.

For a matter to be referred to RJ, the defendant and the victim (you) must be eligible and suitable and the offence must be suitable.
Under the Crimes (Restorative Justice) Act 2004 (ACT):

A victim:

• is eligible for RJ if they are at least 10 years old or, if they are under 10 years old, an immediate family member who is over 10 years of age can participate on their behalf;
• is suitable if the director-general decides they are suitable with regard to:
• the victim’s personal characteristics;
• the victim’s motivation for taking part in RJ;
• the impact of the offence as perceived by the victim.

A defendant:

• is eligible for RJ if:
• they accept responsibility for the commission of the offence or, if they are a young defendant and the offence is a less serious offence, they do not deny responsibility for the commission of the offence; and
• they were at least 10 years old when the offence was allegedly committed; and
• they agree to take part in RJ.

is suitable if the director-general decides they are suitable with regard to:

• the extent (if any) of the defendant’s contrition or remorse for the offence;
• the defendant’s personal characteristics;
• the defendant’s motivation for taking part in RJ;
• the impact of the offence as perceived by the defendant.

An offence is suitable for RJ if the director-general decides it is, with regard to various factors include the victim and defendant’s suitability and eligibility and general considerations around the nature of the offence and the appropriateness of RJ.
To refer a matter to RJ, police must provide a referral to the director-general of restorative justice. The referral has to be in writing and must state the reasons for the referral. ACT Policing completes this referral via an online portal.
Information about the restorative justice processes that are available to you, including the referrals process, and the eligibility and suitability requirements for restorative justice under the Act, must be made available to you in a way that you understand.