Offences can be referred to restorative justice (RJ) at any stage of the criminal justice system.  At each stage of the criminal justice process different criminal justice agencies have the capacity to refer offences to RJ. These agencies, known as Referring Entities, can refer at the following stages:

1. After caution or apprehension but before a prosecution referral is made:

• ACT Policing
• Office of Children and Young People
• Restorative Justice Unit

2. After a prosecution referral is made, prior to entering a plea, but before a second mention hearing:

• Director of Public Prosecutions

3. Unless or until the offender pleads guilty after a second mention hearing but before the end of a case management hearing or case status inquiry:

• Magistrates Court (Children’s Court)

4. If the offender pleads guilty or is found guilty but before the end of the proceeding:

• Magistrates Court (Children’s Court)

5. After a Court has made a sentence-related order but before the end of the term of the sentence-related order or the sentence:

• Office of Children and Young People
• Restorative Justice Unit  

ACT Policing, Director of Public Prosecutions and the Courts may continue to prosecute an offence as well as refer the offence to RJ.  

For an offence to be eligible to refer, the offender must accept responsibility for the offence and agree to be referred.

After an offence is referred, the Restorative Justice Unit (RJU) is responsible for assessing whether the referral is suitable for RJ. Preparation meetings and suitability assessments are completed with each possible participant prior to finding a referral suitable to proceed to conference.

If you want an offence to be referred to RJ please contact the RJU on 02 6207 3992. We can assist you to indentify the most appropriate referring entity to refer your case.