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| | Schedule 15, page 262, line 29, leave out ‘an activity’ and insert ‘a meeting or |
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| | Schedule 15, page 262, line 33, leave out ‘and’. |
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| | Schedule 15, page 262, line 36, at end insert ‘and |
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| | | (d) | which is facilitated by a restorative justice practioner whose role is to |
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| | | prepare for, facilitate and follow up the meeting.’. |
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| | Schedule 15, page 262, leave out lines 37 to 42 and insert— |
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| | | ‘(3) | The victim is entitled to participate in any meeting which constitutes or forms part |
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| | | of a restorative conference. |
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| | | (4) | The restorative justice practitioner may allow any other person or persons— |
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| | | (a) | to participate in any meeting which constitutes or forms part of a |
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| | | restorative conference, or |
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| | | (b) | to attend any such meeting for any purpose specified by him including to |
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| | | provide additional information or to act as a supporter of the victim or the |
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| | | offender if he considers that their participation or attendance for that |
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| | | purpose would assist the process of restorative justice. |
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| | | (4A) | Participation by any person in a restorative conference shall require the consent |
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| | | (4B) | The Secretary of State may make rules about the procedure of restorative |
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| | | (4C) | Without prejudice to the generality of subsection (4B), rules made under this |
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| | | section may, in particular, make provision— |
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| | | (a) | specifying the circumstances under which the court should consider |
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| | | deferral and imposition of a restorative conference requirement, |
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| | | (b) | specifying which persons may act as restorative justice practioners, |
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| | | (c) | specifying what training and accreditation is required for the registration |
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| | | of restorative justice practioners and the standards they will work to, |
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| | | (d) | conferring or imposing functions on restorative conference facilitators |
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| | | (which may include power to exclude from a meeting constituting or |
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| | | forming part of a restorative conference persons otherwise entitled to |
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| | | (e) | about the period within which restorative conferences must be |
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| | | (f) | about the information that must be returned to the court including the |
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| | | participation of the offender, a report on the restorative conference, its |
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| | | outcome and any action which the offender has agreed to undertake. |
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| | | (4D) | Rules made under this section are subject to annulment in pursuance of a |
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| | | resolution of either House of Parliament in the same manner as a statutory |
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| | | instrument, and accordingly section 5 of the Statutory Instruments Act 1946 |
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| | | (c.36) applies to such rules. |
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| | | (4E) | Without prejudice to the generality of section 1(5)(a), where the passing of |
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| | | sentence has been deferred the court may include in a community order or in a |
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| | | youth rehabilitation order an activity requirement— |
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| | | (a) | requiring the offender to underatake any action to which he has agreed in |
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| | | a restorative conference, or |
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| | | (b) | where the victim has agreed to participate in a meeting constituting or |
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| | | forming part of a restorative conference at a subsequent time, requiring |
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| | | the offender to participate in that meeting.’. |
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| | Schedule 15, page 262, line 43, leave out ‘justice’ and insert ‘conference’. |
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| | Schedule 15, page 263, line 1, leave out ‘activity concerned’ and insert |
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| | Schedule 15, page 263, line 2, at end insert— |
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| | | ‘(5A) | A restorative conference requirement may be imposed whether or not the court |
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| | | considers that there is a real prospect that the defendant will be sentenced to a |
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| | | custodial sentence in the proceedings. |
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| | | (5B) | A restorative conference requirement may not be imposed unless the offender |
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| | | entered a plea of guilty to the offence.’. |
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| | Schedule 15, page 263, line 4, at end insert— |
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| | | ‘(7) | In this section “participation” may include a victim’s entitlement to participate by |
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| | | teleconference, video conference, or having another person represent their views |
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| | | to the offender on their behalf.’. |
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| | Schedule 15, page 262, line 8, leave out ‘exceptional’. |
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| | Clause 37, page 40, line 31, at end insert— |
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| | | ‘(8) | A review of the implementation of section 37 shall be undertaken within 12 |
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| | | months of Royal Assent and a report laid before both Houses of Parliament.’. |
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