Criminal Procedure Regulation 2010
39 Constitution of circle sentencing group
(1) A circle sentencing group for a referred offender must include the
(a) the presiding Magistrate,
(b) the offender,
(c) the offender’s legal representatives (unless the offender
(d) the prosecutor,
(e) the Project Officer,
(f) at least 3 Aboriginal persons (but no more than the maximum number
of persons specified in the guidelines) chosen by the Project Officer, being
persons who the Project Officer is satisfied belong to the Aboriginal
community of which the offender claims to be part or with which the offender
claims to have a close association or kinship.
(2) A circle sentencing group convened by a Project Officer may (but
need not) include the following persons:
(a) any victim of the offender’s offence who consents to
participate in the group,
(b) a support person for any such victim chosen by the
(c) a support person for the offender chosen by the
(d) any other person or persons chosen by the Project Officer, but
only with the consent of the offender and, if a victim is participating, the
consent of the victim.
(3) A member of a circle sentencing group may object to the
participation in the group of a person chosen by the Project Officer for the
purposes of subclause (1) (f) or (2) (d). The presiding Magistrate is to
determine any such objection.
(4) The presiding Magistrate may invite any other person of a class
specified by the guidelines to attend a circle sentencing
(5) The guidelines may specify whether that person may or may not
participate in the circle sentencing group.