Restorative Justice

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

The ACT Restorative Justice scheme allows eligible offenders to take responsibility for their conduct outside the traditional court process, through a structured conference with the victim and other affected parties. Andrew Byrnes Law Group advises ACT clients on referral, suitability, preparation and the impact of restorative justice on criminal proceedings. Deliberately Different.

Restorative justice under ACT law

The scheme operates under the Crimes (Restorative Justice) Act 2004 (ACT), administered by Restorative Justice ACT within the Justice and Community Safety Directorate. The Act provides a statutory framework for victim-offender conferencing in less serious matters and, for adult offenders, in more serious matters at later stages of the process.

Who is eligible

Eligibility depends on the offence type, the stage of proceedings, the consent of the victim, and the offender accepting responsibility. The scheme covers young people charged with less serious offences and, since the Phase 2 expansion, adult offenders and serious offences. Domestic and family violence offences have been progressively included under specific safeguards.

Referral pathways

• Police referral at the charge or caution stage
• Director of Public Prosecutions referral before disposition
• ACT Magistrates Court or ACT Supreme Court referral at any stage, including pre-sentence and post-sentence
• Corrections referral for offenders in custody

Considering restorative justice in the ACT? Call (02) 6210 1075 for advice before agreeing to participate.

What happens in a conference

A trained convenor meets separately with the offender, the victim, and supporters to assess readiness. Where suitable, a conference is convened. The offender accepts responsibility, the victim describes the impact, and the parties negotiate an outcome — apology, restitution, community work, behavioural commitments, or other agreed actions. The outcome is recorded and monitored.

Impact on sentence

Successful completion of a restorative justice agreement is a material factor in sentencing under the Crimes (Sentencing) Act 2005 (ACT). It demonstrates insight, remorse and rehabilitation, and can support a section 17 non-conviction order, a good behaviour order, or a reduced custodial penalty. Where referral is at the pre-charge stage, completion can result in no charge being laid.

Risks and strategic considerations

• Acceptance of responsibility is a precondition; this can affect later plea position if the conference does not proceed
• Statements made in the conference are protected under the Crimes (Restorative Justice) Act 2004 (ACT) but the scope of that protection is technical
• Failure to complete the agreed outcome can result in resumption of court proceedings
• Not all victims will consent; the matter then proceeds conventionally

Speak with an ABLG criminal defence solicitor before consenting to restorative justice. Call (02) 6210 1075.

Restorative justice and youth matters

For young people, restorative justice is a primary diversion option in the ACT and frequently used at the police caution stage and in the Childrens Court. Successful conferencing for a young person regularly avoids any conviction being recorded and is a key intervention to break offending pathways.

How ABLG assists

ABLG advises on whether a referral is in your interests, prepares you for the convenor's intake interview, drafts proposed outcomes, attends conferences where appropriate, and ensures the criminal court process is properly coordinated with the restorative pathway. The decision to participate is strategic and should be made with legal advice.

Restorative justice and employment outcomes

For APS staff, security clearance holders and professionals subject to fitness-to-practise frameworks, the outcome of a restorative justice referral can determine whether the conduct ever becomes a recorded conviction. The Crimes (Restorative Justice) Act 2004 (ACT) framework, used strategically, can preserve employment and clearance positions that a conviction would otherwise jeopardise. ABLG coordinates this with the criminal court timetable so the restorative pathway is in place before sentence.

Privacy and admissibility

The Crimes (Restorative Justice) Act 2004 (ACT) protects admissions made during conferencing from later use as evidence against the offender, subject to defined exceptions. ABLG advises on the scope of this protection so participation does not compromise your position in collateral civil or disciplinary proceedings.

Restorative justice in serious matters

The Phase 2 expansion of the ACT scheme extended eligibility to serious offences and adult offenders. Participation in serious matters typically occurs at the post-plea, pre-sentence stage and is conducted with rigorous safeguards. The outcome is reported to the sentencing court under the Crimes (Restorative Justice) Act 2004 (ACT) and the Crimes (Sentencing) Act 2005 (ACT).

Related criminal defence services

• Youth criminal defence
• Sentencing options
• Spent convictions
• Assault charges
• Shoplifting and retail theft
• Police interviews and your rights

Frequently asked questions

What is restorative justice in the ACT?

A scheme under the Crimes (Restorative Justice) Act 2004 (ACT) where offenders meet with victims in a convened conference to discuss harm and agree on a way forward.

Will restorative justice keep me out of court?

It can, at the pre-charge stage. Once charged, it usually runs alongside the court process and influences sentence.

Do I have to admit guilt to participate?

You must accept responsibility for the conduct. This is different from a formal guilty plea in court.

Are domestic violence matters included?

Yes, under specific safeguards. Speak to ABLG about whether referral suits your matter.

Does the victim have to agree?

Yes. The scheme is consent-based for both parties.

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.