Exclusions of persons from circle sentencing groups
45 Exclusions of persons from circle sentencing groups
The presiding Magistrate may exclude a person (other than the offender or a victim) from participation in a circle sentencing group if the Magistrate is satisfied that—
the person has a conflict of interest that would prevent the person from impartially discharging his or her obligations as a member of the group, or
the behaviour of the person is disrupting the orderly conduct of a meeting of the group.
The Magistrate may, with the agreement of the other members of the group, invite another person to replace a person who has been excluded from participating in the group under subclause (1). However, if the other members do not agree, the Program Officer is to convene a new circle sentencing group for the offender excluding that other person.
A person who is not a member of the circle sentencing group may not attend a meeting of the group unless all of the following persons consent—
the presiding Magistrate,
the offender,
the victim, if a victim is participating in the group.
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