Chansey Paech tables community court legislation, new approach to sentencing

A renewed approach to community court sentencing could be key to curbing recidivism in the NT. Read how it is proposed to work.

A revitalised approach to court sentencing could see the number of repeat offenders reduced.

Attorney-General Chansey Paech on Thursday pushed to reinstate community courts in the Territory after they were abolished in 2012.

He said the community court sentencing structure would not be a “separate, stand-alone new court” when he tabled the Sentencing Legislation Amendment Bill 2023.

Attorney-General Chansey Paech said community courts would address recidivism. Picture: Pema Tamang Pakhrin

“The community court sentencing procedure will be open to Aboriginal offenders, by application to the court, where they have pleaded guilty to an offence in the Local Court or Youth Justice Court and have provided agreed facts to the court,” Mr Paech said.

“An application for the community court sentencing procedure must specify the particular place for the sitting of the court and the court must consider the offender’s connection to the community.”

Mr Paech said the proposed community court structure would draw on the root causes of offending to impose appropriate sentences.

He said community Elders and leaders would sit with a judge in remote communities “to talk about those important matters that need to be considered”.

“This is important and goes to the heart of what has been discussed in this Chamber earlier this week – raised in a matter of public importance by the Member for Mulka – about smarter justice for a safer Territory and alternatives to custody,” he said.

“This measure will go towards addressing and reducing the high rates of imprisonment and recidivism in the Territory by engaging and supporting Aboriginal community leadership and cultural authority, through the active participation of law and justice groups in the criminal justice sentencing process.”

Mr Paech said the Bill was a commitment of the Northern Territory Aboriginal Justice Agreement and the government.

Namatjira MLA Bill Yan said community courts would alleviate pressure on the Territory’s correctional system. Picture: Emma Murray

Namatjira MLA Bill Yan said Territory Labor had “dragged its heels” on reinstating community courts.

“Five to six years ago, there was a great opportunity to run community courts to give some of that decision-making power back to these communities so there was reparation back in that space,” he said.

“We could have seen community courts in action for quite some time dealing with low level offenders with low offences, having to do reparation back in their communities, rather than being put into our mainstream prisons.

“That would have certainly alleviated some of the crisis we’re seeing in our correctional system currently.”

The Bill’s debate was adjourned to next sittings in May.