Do I Have to Go to Court? Alternatives to Criminal Charges
Can I mediate criminal charges in Queensland?
While most criminal matters proceed through the traditional court system, there are instances where charges can be resolved without the need for court proceedings. One option is Adult Restorative Justice Conferencing (‘ARJC’), sometimes called justice mediation.
What is ARJC?
ARJC is a structured process that focuses on taking responsibility, understanding the impact of what happened, and finding a way to repair the harm.
Not every matter will be appropriate for referral. ARJC is generally confined to lower-risk offences such as theft, fraud, assault, stalking and similar matters. More serious or complex cases, including those involving sexual or domestic violence, are not accepted under the current model.
However, there may be an option to offer private mediation, which is still the same process, but through a privately appointed and paid mediator agreeable to the parties, instead of through ARJC, which is a government body.
To participate, a person must accept the basic facts, acknowledge that harm was caused, and be willing to take responsibility for their actions.
What happens in mediation for criminal charges in Queensland?
The process is guided by accredited mediators (‘convenors’), not a court.
Typically:
you’ll speak with a convenor beforehand and prepare (this may include a written reflection or apology);
the conference focuses on what happened, the impact, and how to make things right; and
outcomes can include an apology, restitution, or engaging in support programs.
There does not have to be face-to-face contact. The process can be adapted depending on the circumstances and the comfort of the parties.
Participation is voluntary for everyone, and the conference will only go ahead if everyone is willing to engage.
Criminal defence lawyers don’t usually attend the conference itself. Our role is to properly prepare you in advance and ensure you approach the process in a way that best supports your position and overall outcome.
What are the benefits of mediating criminal charges?
When an ARJC conference is successful and the parties reach a suitable agreement, the matter will often be discontinued or otherwise resolved without proceeding through the traditional court process.
Other real advantages include:
the ability to rely on participation as a mitigating factor in sentencing if the matter proceeds to court;
an opportunity to demonstrate genuine remorse, insight, and accountability;
a structured way to address harm directly with those affected;
outcomes that are more flexible and tailored than standard court-imposed penalties;
reduced stress and formality compared to court proceedings;
faster resolution of the matter in many cases;
avoidance of the uncertainty, delay, and public nature of court; and
the ability to repair relationships or restore trust where appropriate.
How can a lawyer help to mediate criminal charges in Queensland?
We assess early whether ARJC is a suitable option and whether it’s likely to benefit your matter.
While referrals are ultimately made by police, the prosecution, or the court, our role is to put forward a strong case as to why your matter should be referred and why you are a suitable candidate for the process.
If appropriate, we:
provide advice on whether it’s the right strategic step;
make submissions to police or the prosecution supporting referral;
liaise with the relevant parties to progress the referral;
prepare you for the process, including how to approach it and what to expect; and
ensure any outcome is used effectively, whether that’s to resolve the matter or support you in court.
Can I ask the complainant directly if they want to mediate?
No. You should not contact the complainant or witnesses in a criminal case. Any contact should be through a lawyer. This is because you could be breaching your bail conditions or inadvertently committing an offence. Such negotiations should be done through the proper channels through a criminal lawyer.
If you are considering whether mediation is an option in your matter, early advice is critical to determining whether it is appropriate and how it may benefit your outcome.
To discuss your situation confidentially, contact Paris Brotherton or the team at Ashworth Lawyers.
