Slide 2 Circle sentencing is a form of legal system made by Aboriginal people, for Aboriginal people.

Circle sentencing consists of a magistrate, several legal representatives, the participants and several people from the local Aboriginal community sitting in one large group. The hearing is usually spoken in whatever form of English the participants are most comfortable with, for example, Aboriginal English. The perpetrator sits in the group with the victim, and the group discusses the sentence that is to be imposed, and attempts to get the perpetrator to see reason. The victim is also given the chance to talk with the perpetrator. The group also attempts to lighten the standard legal sentence, and replace it with a fairer sentence, such as a fine, or community service. Circle sentencing sees jail sentences as unnecessary and dangerous, as there are exceedingly high numbers of jail death among Aboriginal people. Circle sentencing aims to keep jail time as low as possible, and often refuses jail sentences altogether. Slide 3 Courts in the Australian contemporary legal system are often impersonal, and may not take family or financial problems into consideration. Circle sentencing, on the other hand, sees these types of problems as an important factor to take into consideration when discussing the sentence to be imposed. Compared to contemporary courts, circle sentencing is also a lot more casual and familiar, as there is little legal jargon used. Slide 4 The circle sentencing process 1. The magistrate welcomes all participants to the circle and formally opens proceedings. 2. Participants introduce themselves, explain who they are, their relationship with the defendant or victim, or their interest in the offence. 3. The magistrate explains the role of the circle, i.e. that it is a court and functions as a court. 4. The magistrate explains the methods of proceeding in the circle, the circle guidelines and the rules of conduct within the circle, then begins to outline the facts. 5. The defendant makes comments regarding the offence and his or her commitment to rehabilitation. 6. The victim or a representative of the victim may make a statement regarding the impact of the offence. 7. There is a circle discussion: the prosecutor, offender, victim and community representatives are all provided with an opportunity to speak. The discussion can cover the offence, its impact on the victim and community, what sentence should be imposed, and what support may be available for the defendant and victim. 8. The magistrate provides a summary of the circle discussion and decisions

reached. 9. The magistrate determines the sentence, handing down the order of the court. 10. A date for review is set. 11. Closing remarks are made, and the magistrate formally closes the circle. There is no set formula for the circle sentencing process, and Aboriginal communities may wish to change certain things.

Slide 5 On 21 May 2002, a 27-year-old male appeared before the circle sentencing court on a number of charges relating to offences committed in a single evening, including the driving of an unregistered and uninsured vehicle without a license. He was riding a stolen motorbike with a passenger on the handlebars. Both were not wearing helmets, and both were highly intoxicated. The representatives and the victim were able to talk to the perpetrator about the offence, and thus bring home the gravity of the situation. The offender was sentenced to 1 year of imprisonment, but the sentence was suspended in the conditions that a) He would attend rehabilitation programs and counselling b) He would submit to random urine tests c) His license would be suspended for 3 years A progress report was written up around six months later, and it was found that the offender had made considerable progress. Slide 6 On 19 February 2001, a circle sentence hearing was convened to consider the case of a 24-year-old male offender living in Nowra. He was charged with using an unlicensed car to do a burnout. The offender was not a local to the community, and this may have been the defining factor in the success of the hearing. The members of the circle were reported to be slightly antagonistic, and the offender was sullen and refused to take part. He later commented that he felt that the members of the circle were against him. He was sentenced to a 2-year good behaviour bond, 300 hours of community service, and his license was cancelled for 2 years. The offender later committed more crimes after the sentence was passed, and the progress report written six months after the sentence reported that the offender had refused to comply with several parts of the sentence. Slide 7 Advantages:

Circle sentencing often imposes fairer sentences upon the offenders, as it takes into account problems with the victims home life. It also attempts to minimise jail time, thus reducing the rate of jail deaths in the Aboriginal community drastically. Circle sentencing also has an advantage over the legal system in that the victim is allowed to have a much larger say in the proceedings than usual. Slide 8 Disadvantages: Circle sentencing can allow for bias, as the members of the circle are often close to the offender or the victim, and thus may attempt to influence the decision. It also allows for too much leniency. In attempting to reduce jail time, often sentences become far too lenient, and in some cases, this may lead to reoffending. Circle sentencing is also unpredictable. As the members discuss a sentence and impose things as they see fit, there are no rules or regulations, and sentences for similar offences can vary wildly. Slide 9 In most cases, circle sentencing has been beneficial to both the victim and the offender. The circle is usually made up of people that know the victim and the offender, and are able to discuss fairer, more appropriate sentences. There have been cases, however, where circle sentencing has not been successful, which seems to be mainly based around the status of the perpetrator in the community. Slide 10 Aboriginal communities are very close-knit, and everyone knows everyone else. This usually makes it easier for a suitable punishment to be settled upon in circle sentencing. Circle sentencing only seems to work in small communities, as the larger a community is, the more bias can be had, and the less people know each other. The same goes for outsiders to the communities, as they may often be alienated from the community, and, when brought before the circle, may be resentful and may also refuse to comply with sentences.