9.74When a victim seeking participation in the alternative process contacts a provider, the provider should discuss the various options available to a victim in respect of an incident of sexual violence, including the criminal justice option.
9.75If the victim wishes to continue down the alternative process route, the provider would need to advise the victim as to the programme it provides, its key features, and any possibility of the programme being adapted to meet the victim’s justice needs (for instance if the victim did not wish to meet with the perpetrator but wished to reconcile with her or his own family). The provider should also supply information regarding any other programmes that are operating in the geographical area, in case the victim preferred a different programme.
9.78If the perpetrator is not eligible or does not wish to participate in the process, the victim may be offered a place in an adapted programme, if appropriate.
9.80If, after conducting the assessment, the provider concludes that the case is prohibited from proceeding due to public interest factors or an unacceptable risk to community safety, the provider would advise the victim and perpetrator of its decision; the reasons for it; and the right of the victim and perpetrator to seek a review of this decision.
9.82If the provider determines that the case is not suitable, the provider would advise the victim and perpetrator of its decision and the reasons for it and a place in the relevant alternative programme would not be offered. We consider that there should be no review of a provider’s decision to deny entry to the programme based on the suitability assessment, as this decision must be based on the provider’s specialist expertise and opinion on the particular case in question and with all the relevant information before them.
9.83If, having done the assessment, the provider determines that the case is appropriate to go through the programme offered, the victim and perpetrator would be:
9.84If the victim and perpetrator still wish to proceed and (having obtained legal advice if desired) provide written consent, the programme would commence.
9.85If sought by a victim or perpetrator, a review of the provider’s decision under the risk assessment would be conducted by a review panel, which, as is discussed further below, we recommend be constituted for the purpose of carrying out that review.
9.86If, after review, the review panel determined that the initial decision was made incorrectly by the provider, it could identify the errors and refer the case back to the provider for reconsideration.
9.87However, if the review panel determined that the initial decision was made correctly, it would advise the victim and perpetrator of its decision. That would not exclude the right, if any, of the parties involved applying for that decision to be judicially reviewed.