Legislation passed by the Northern Territory parliament this week will pave the way for Aboriginal elders and leaders to have a say on what sentences First Nations offenders should receive.
The Sentencing Legislation Amendment Bill is the legislation that will govern community courts in the NT — a system that allows cultural components to be incorporated into the criminal sentences of Aboriginal people, who currently make up about 85 per cent of the territory's prison population.
The re-establishment of community courts is one of the key commitments of the NT's Aboriginal Justice Agreement, which aims to tackle the over-incarceration of Aboriginal people and reduce reoffending.
What are community courts and how do they work?
Community courts operated in the NT from 2003 to 2012, but were abandoned because of a possible inconsistency in the territory's existing sentencing legislation at the time, which has since been amended.
Community court allows Aboriginal offenders to request to be sentenced in an Aboriginal community of their choosing, and their connection to that place will be considered by the court.
Local elders and leaders, known as the community's "Law and Justice Group", will then be able to provide advice to the sentencing judge about what the most appropriate sentence for that person would be.
"Community courts support local community involvement and Aboriginal leadership by holding offenders accountable for their behaviour and helping them to understand the impacts of their behaviour," Attorney-General Chansey Paech said on Thursday.
Community court will operate as part of the existing local and youth courts in the NT, not as a separate new court.
Who can be sentenced in community court?
Both adults and children who have their matters heard in the NT's lower local court will be able to apply for a community court hearing. Supreme Court matters cannot be sentenced in community court.
Before doing so, they must plead guilty and have agreed with the prosecution in relation to the facts of their offending.
The court, however, can refuse to grant an application for a community court hearing, and offenders must be sentenced in a community where a Law and Justice Group exists.
What does the new legislation do?
This bill, which passed unanimously on Thursday night, enshrines community courts in law.
The bill lays out what a Law and Justice Group is and what it does, and how it goes about providing information and advice to the court.
The information will be in the form of an "Aboriginal experience report", which can be provided verbally, in writing or via video.
They can include information including details of the offender's circumstances, the impact of their offending on the community, and any steps the offender has taken towards rehabilitation or restoration.
What happens next?
A Law and Justice Group has already been established on Groote Eylandt, with steps being made towards establishing groups in Maningrida, in north-west Arnhem Land, and Kintore in Central Australia, according to the 2021-22 Aboriginal Justice Agreement report.
The NT budget, which also came out this week, allocated $15 million to implementing Aboriginal Justice Agreement commitments, including the establishment of Law and Justice Groups and Community Courts in six communities over the next two years.
The new legislation will come into effect on July 1.
