Referring a Criminal Offence to Justice Mediation

When a person is charged with a criminal offence, the matter progresses through the criminal justice system in Court. A defendant may choose to plead guilty and have the matter proceed by way of a sentence, not guilty and have the matter proceed to trial, attempt to negotiate the factual basis of the plea, attempt to case conference the charge, or the charge may be withdrawn.

There is also another process that may be available to a defendant, that diverts the charge from the formal criminal proceedings. This process is called Justice Mediation.

Justice Mediation is a form of dispute resolution and can be useful and effective for charges such as common assault, assault occasioning bodily harm and property offences.

A referral to Justice Mediation can be made on your behalf by one of our capable lawyers. Our firm is able to arrange a private mediation if Justice Mediation is unable to be arranged by Prosecutions in a particular jurisdiction.

The process may only proceed with the consent of the parties involved in the matter (the defendant and complainant) and may not be appropriate for all types of matters. The mediation is run by an independent accredited mediator. The parties will meet face-to-face to engage in a conference to discuss the offence. An apology may be offered to the complainant or some sort of agreement may be settled by the parties.

If Justice Mediation is successful, the formal charges before the Court are withdrawn. Ultimately, if this can be achieved, it avoids a finding of guilt or criminal conviction being recorded against a client.

If you wish to discuss Justice Mediation and whether this is an option for your criminal charge, contact Samantha O’Connor from our Criminal Law team on 3009 8452.


The blog published by Rostron Carlyle Rojas is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the blog published. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult RCR on any legal queries concerning a specific situation.

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