Indigenous Sentencing Courts

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Marchetti, Elena
Ryle, Linda M
Griffith University Author(s)
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Camilleri, Marg

Harkness, Alistair

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2023
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Abstract

Involving Indigenous Elders or community representatives in sentencing has been an informal aspect of the criminal justice process in Australia for some time. However, such practices have never been as far reaching nor have they had the formal recognition and support of governments as is the case with Indigenous sentencing courts in the third decade of the twenty-first century. The establishment of such courts reflects an attempt and desire to correct the harmful and discriminatory nature of the criminal court process for Aboriginal and Torres Strait Islander people in Australia’s criminal justice system. This chapter begins by describing the evolution of the courts and the debates surrounding the drivers of over-incarceration of First Nations people in Australia. It then explains how resistance to changing conventional sentencing considerations and practices have restricted the extent to which courts have been successful in shifting colonial power in sentencing.

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Australian Courts: Controversies, Challenges and Change

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1st

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FT140100313

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© 2023 Springer. This is the author-manuscript version of this paper. It is reproduced here in accordance with the copyright policy of the publisher. Please refer to the publisher’s website for further information.

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Law and legal studies

Law in context

Aboriginal and Torres Strait Islander peoples and the law

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Marchetti, E; Ryle, LM, Indigenous Sentencing Courts, Australian Courts: Controversies, Challenges and Change, 2023, pp. 221-245

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