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QLD Assault - When Can I Apply for Justice Mediation?

Discussion in 'Criminal Law Forum' started by Cam Eden, 28 August 2014.

  1. Cam Eden

    Cam Eden Active Member

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    Hi
    Can anyone tell me if i can request justice mediation for a common assault charge prior to entering a plea under criminal law?
    Do I write a letter to the police prosecutor for this?

    Thank you
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Cam,

    Contact the police and ask them to refer you to the Magistrates' Court for justice mediation. The police will assess the charge and whether it is appropriate for justice mediation. After this, the justice mediation office will contact you and explain how to proceed from there.

    You may request this at any stage of the process but usually occurs before the hearing and sentencing stages.

    Here is some more information: Qld Government Justice Information.
     
  3. Sarah J

    Sarah J Well-Known Member

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    You may write a letter, but I would suggest calling the officer in charge first and letting him/her know that a letter will be on the way.
     
  4. Cam Eden

    Cam Eden Active Member

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    Thank you.
    Are you able to tell me what formal information i need to include in the letter?
     
  5. Sarah J

    Sarah J Well-Known Member

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    - Your name, date, signature
    - Your charge and date of alleged assault
    - Any reference numbers given to you by the police
    - Respondent (other party)
    - Police officer/department/location
    - Your request for justice mediation
    - Any other relevant information such has hearing date
    - Any other information you wish to relay to the police

    There is no required structure for writing this request letter. It is just for your reference and to confirm your verbal request. The letter should include details of your charge and alleged incident, all parties involved, the police department and your responsible officer and should explicitly and clearly make a request for justice mediation. You may also wish to include any reasons you believe this would be helpful for both yourself and the victim.

    Essentially, the letter is to make the police aware that you wish to participate in mediation, request the police to relay this with the victim and ask for his/her agreement and persuade the police why they should make this recommendation/referral to the court.
     
  6. Cam Eden

    Cam Eden Active Member

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    Thank you that is really helpful.

    From what i've read it seems requesting justice mediation goes hand in hand with admitting guilt? Would it be helpful to express regret in the request letter or should i steer clear of this?
     
  7. Sarah J

    Sarah J Well-Known Member

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    Hi Cam,

    No, requesting mediation does not equal an admission of guilt. It is an attempt to resolve the dispute without going to court. It may be helpful to the mediation to admit some responsibility/actions on your part. It is also advisable to agree on private and confidential mediation whereby nothing said, done or indicated in mediation meetings or in an attempt to mediate may be later admissible in court should mediation break down.
     
  8. Sarah J

    Sarah J Well-Known Member

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    Yes, it would be helpful to show compassion/sympathy for the victim, regret of the situation and any injuries/harm/hardship received by the victim and show your willingness to cooperate in order to resolve the dispute and make the victim's situation a little better.
     

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