Circle Sentencing comes to Narooma, Moruya Local Courts
A sentencing program for Indigenous criminal offenders which involves peers and elders is being rolled out to a new location – with statistics showing it reduces the likelihood of participants reoffending.
The South Coast News
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A form of Indigenous court sentencing labelled “culturally important” by a local court magistrate has come to the Far South Coast, with the state’s attorney general praising the move.
Circle sentencing is available to eligible Indigenous defendants who plead guilty or are found guilty of criminal offences in a local court.
Rather than being sentenced by a magistrate alone, defendants are also sentenced alongside representatives from the local Aboriginal community, such as elders.
The form of Indigenous sentencing has now come to Moruya and Narooma Local Courts after being established in Nowra in 2002.
Attorney-General of New South Wales Michael Daley exclusively told this publication he was “proud” of the expansion.
“Aboriginal people who participate in Circle Sentencing are less likely to end up in jail or reoffend,” he said.
Circle Sentencing currently operates at 22 high-priority locations in NSW, with five defendants having already participated in the program in the Eurobodalla.
The expansion to Moruya and Narooma comes after a 2020 study by NSW Bureau of Crime Statistics and Research found Aboriginal people who participated in Circle Sentencing were 9.6 per cent less likely to reoffend, compared to those sentenced to a non-custodial punishment in a traditional way.
“It gives Aboriginal communities a say in the sentencing process while delivering long-term savings for the criminal justice system,” Mr Daley said.
Circle sentencing’s expansion to the South Coast comes after a successful run 1000km north in Lismore.
To date, the program has dealt with more than 1000 offenders and over 50 Elders and respected Aboriginal community members have participated in the northern NSW region.
Aunty Ros Sten has been involved as a Circle member since 2005 and said the program had grown with success stories.
She said due to the confidential nature of the Circle, offenders were often more likely to break down barriers and speak honestly.
“They want that option to talk through what’s happened because there’s always two sides to a story so you’ve just got to take that on as well,” she said.
“You get a better understanding of what their needs are and what they’re able to do.”
NSW Magistrate Jeff Linden previously praised the program as “culturally important” one that “must continue”.
“It’s a very long road between court, which is very formal, to a Circle,” he said.
“In many instances the Elders know the defendant or they know the family and it can become quite personal in a nice sort of way.
“Often you see the offender’s head drop down because he realises or she realises exactly what they’ve done because the Elders brought it out in a circle.
“That would never happen in a courtroom so it’s fantastic.”
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