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Teacher’s notes

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This clip shows a circle sentencing court in Nowra in New South Wales, including an offender (Robert Alder) who is being sentenced, a magistrate, defence lawyer, prosecutor, victim and four Elders. The group discusses options such as home detention, a good behaviour bond and community service. The court takes place in an Indigenous community centre and the participants are seated in a circle. In a separate interview magistrate Dennis Dick says the sentences passed by circle courts are as tough as those imposed by magistrate’s courts.

Educational value points

• Unlike magistrate’s courts in which the magistrate alone has the power to pass sentences, circle sentencing courts are collaborative, bringing together the magistrate, prosecutor, defence lawyer, victim, offender and four Elders from the offender’s community. In arriving at an appropriate sentence the group considers the effect of the crime on the victim and community, as well as the circumstances of the offender.

• The process by which offenders are called to account by Elders from their communities has had more effect than facing lone magistrates. A 2003 review of the Nowra circle court found that the success of the court was in part a result of offenders realising that they had violated both the law and the values of their community, and that Elders were prepared to give them ongoing support.

• While circle sentencing is a collaborative process, the magistrate presides to ensure that the process is conducted fairly, that all participants have an opportunity to contribute and that the law is applied correctly. The magistrate also ensures that the sentences, which can include jail time, are within guidelines.

• Offenders who face circle court must be part of or have strong links with the Indigenous community in the trial location, have pleaded or been found guilty, acknowledge wrongdoing, and take responsibility for their actions, including making restitution to the victim and community. NSW circle courts consider offences that are likely to be given jail sentences; however, strictly indictable offences such as serious drug and sex offences are ineligible.

• As the clip reveals, circle sentencing takes place outside the courtroom, usually in a venue that holds cultural meaning for the local Indigenous community. Participants sit in a circle and use everyday language instead of legal jargon so that they can speak more freely. The measures are designed to make the sentencing process less intimidating and alienating.

• Circle courts aim to keep offenders out of jail by providing alternatives such as home detention or community service and by addressing issues that could have contributed to the crime. For example, the offender may be required to undertake an anger management program or alcohol and drug counselling. Circle courts can, however, also impose jail terms and if the offender fails to comply with a sentence, he or she is sent to the magistrate’s court for sentencing.