Conference agreement
36 Conference agreement
A conference agreement is an agreement reached at the conference—
in which a child admits committing the offence; and
in which the child undertakes to address the harm caused by the child committing the offence.
The conference agreement must be in the approved form and be agreed to and signed by—
the child; and
the convenor; and
if a representative of the commissioner of the police service participates in the conference—the representative; and
if a victim of the offence participates in the conference—the victim.
Note—
If a court makes a presentence referral, the court must, amongst other things, have regard to the child’s obligations, and anything done by the child, under the conference agreement in sentencing the child for the offence. See section 165(6).
The conference agreement may not provide for the child to be treated more severely for the offence than if the child were sentenced by a court or in a way that contravenes the sentencing principles in section 150.
A copy of the conference agreement must immediately be given to each person who signed the agreement.
To remove any doubt, it is declared that the conference agreement may contain a requirement that the child must comply with outside the State.
Example—
A conference agreement may require the child to perform voluntary work for a charity that is located outside the State.
However, the conference agreement is not evidence that the child committed the offence.
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