SCHEDULES
SCHEDULE 16Dealing non-custodially with offenders
Part 2Deferring the passing of sentence to allow for restorative justice
I15
After section 1 of the Powers of Criminal Courts (Sentencing) Act 2000 (court's power to defer passing of sentence) insert—
1ZAUndertakings to participate in restorative justice activities
1
Without prejudice to the generality of paragraph (b) of section 1(3), the requirements that may be imposed under that paragraph include restorative justice requirements.
2
Any reference in this section to a restorative justice requirement is to a requirement to participate in an activity—
a
where the participants consist of, or include, the offender and one or more of the victims,
b
which aims to maximise the offender's awareness of the impact of the offending concerned on the victims, and
c
which gives an opportunity to a victim or victims to talk about, or by other means express experience of, the offending and its impact.
3
Imposition under section 1(3)(b) of a restorative justice requirement requires, in addition to the offender's consent and undertaking under section 1(3), the consent of every other person who would be a participant in the activity concerned.
4
For the purposes of subsection (3), a supervisor appointed under section 1A(2) does not count as a proposed participant.
5
Where a restorative justice requirement is imposed under section 1(3)(b), the duty under section 1(5) (to give copies of order) extends to every person who would be a participant in the activity concerned.
6
In a case where there is such a restorative justice requirement, a person running the activity concerned must in doing that have regard to any guidance that is issued, with a view to encouraging good practice in connection with such an activity, by the Secretary of State.
7
In this section “victim” means a victim of, or other person affected by, the offending concerned.