Under what conditions must the criminal mediation committee stop the mediation and refer the case back to the prosecutor rather than continue it?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the written record the committee draws up at each mediation session, which is where a finding made during mediation would appear, and the papers showing which prosecutor referred the case to mediation, since the record is sent to that prosecutor once the mediation procedure ends.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision's actors and grounds together: where, in the course of mediation, the committee finds clear grounds to treat the accused as plainly not implicated, on grounds such as fabricated evidence or false testimony, the committee must suspend the mediation and refer the case back to the responsible prosecutor.
Another reading stresses the limits this provision sets: it is the committee, not a party, that finds the grounds, and the finding must be made during mediation, so a party's allegation made outside that process does not on its own trigger the duty to suspend and refer back.
Your judgment
If the parties disagree that the accused is plainly not implicated, what in the mediation record could show what the committee actually found during mediation?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may find the grounds or when that finding may be made, or if a court decision explains what the prosecutor must do after a case is referred back.