Court Response towards Over-representation of Indigenous Wrongdoers


The over-representation of the Autochthonal people in the Australia condemnable justness system, is non a unusual fact. However, it is non frequently at the lead of public argument when it comes to the topic of autochthonal over-representation, unless it involves awful events before such topic is being put on the headlines of newspapers. A research done by Bond & A ; Jeffries, ( 2009 ) had found that Autochthonal wrongdoers and non-Indigenous wrongdoers will both most likely be given a sentence of imprisonment when standing before a tribunal with both comparable state of affairss ; but when the sentence length has been decided, the Indigenous wrongdoers will have a longer periods of imprisonment.

This article will discourse the present responses of the Australian felon justness system towards the Autochthonal people, it will measure the effectivity of the responses of the Australian felon justness system and besides recommend any alternate attacks which might turn to the issue more efficaciously.

Autochthonal wrongdoers and the Australia Criminal Justice System

The footings ‘Indigenous’ or ‘Aboriginal’ refers to assorted linguistic communication groups of people who were shacking in Australia during the of European colony, every bit good as the Torres Strait Islander people and the Aboriginal peoples of the continent ( Poroch, 2007 ) . Harmonizing to a study from the Western Australian Department of Indigenous Affairs ( 2005 ) , the Autochthonal people in Western Australia are 15 times more likely to go victims of homicide and 6.5 times more likely to describe offenses against the individual to patrol than non-Indigenous people. Autochthonal people are 6.2 times more likely to be sentenced into prison by lower tribunals, 9.2 times more likely to be arrested, 23.7 times more likely to be sentenced into prison as an grownup, and 48 times more likely to be imprisoned as juveniles than non-Indigenous people.

Additionally, another study from the Australian Human Rights Commission ( 2012 ) , has noted that the grownup prison population in Australia comprises of 26 per centum of Autochthonal people. An increased overrepresentation from the point of apprehension to sentencing: 75 per centum of Autochthonal people have a higher chance of returning to prison at least one time compared to 43 per centum of non-Indigenous males, and 88 per centum of male Autochthonal people are rearrested compared to 52 per centum of non-Indigenous people ( Western Australian Department of Indigenous Affairs, 2005 ) .

Government Response

With respects to the over-representation of the Autochthonal people, the Australia authorities has set up the Autochthonal tribunals and besides other patterns in the justness system to turn to this issue ( Daly & A ; Marchetti, 2004 ) . Some of these tribunals are the Circle Sentencing in New South Wales, the Murri and Rockhampton Courts in Queensland, the Nunga and Aboriginal Courts in South Australia, and the Koori Courts in Victoria ( Lawrie, Thomas, Brignell, Smart, & A ; Potas, 2003 ; Magistrates ‘ Court of Victoria, 2003 ; Daly & A ; Marchetti, 2004 ; The Koori Court, 2012 ) .

The Royal Commission into Aboriginal Deaths in Custody ( RCIADIC ) has besides created every bit many as 339 recommendations concentrating on cut downing the Autochthonal imprisonment rate and likewise to supply the chance for Autochthonal people to be portion of the justness system as advisers or tribunal staff ( Williams, 2001 ) . It is non truly difficult to depict why new advanced justness patterns are developing, nevertheless we may inquire why this is happening now.

One of the grounds is that it ever takes clip for a legal reform. Although some recommendations are proposed about more than a decennary ago by the RCIADIC, the authoritiess are slightly sulky at implementing them or presenting newer policies, peculiarly those in respects with changing of race dealingss ( Daly & A ; Marchetti, 2004 ) .

Following ground can be that there originate a new category of Judgess and magistrates of the condemnable tribunals, who are holding a stronger place of the activist stance of policy devising. At the same clip, the tribunal governments, sections and some authorities curates have shown their support ( Daly & A ; Marchetti, 2004 ) . Therefore, such support will let remaining power to be given to the judicial officers. Another ground is the rise of Justice Agreements throughout Australia with its consciousness of the demand for Aboriginal disposals and partnerships between province authoritiess, to determine an enhanced construction of justness for Autochthonal people ( The Koori Court, 2012 ) .

Autochthonal Courts and its Effectiveness

Conferences and Autochthonal tribunals are founded on the intent of seeking to make an environment, which is more suited for the Autochthonal people compared to what the mainstream tribunals can offer ( Louis & A ; Morgan, 2010 ) . The four chief intents of the Autochthonal tribunals are viz. ( I ) divert Autochthonal violators into rehabilitation, ( two ) diminishing the rates of Autochthonal violators from reoffending, ( three ) minimising tribunal order breaches, ( four ) to better tribunal attending ( Australian Institute of Health and Welfare, 2013 ) .

Autochthonal tribunals do non automatically let Autochthonal wrongdoers to hedge imprisonment since the manner it give its sentence are similar to the mainstream tribunals, every bit good as its determination to dispatch a instance with or without conditions, supervising orders, mulcts, community service, tutelary sentences or suspended sentences ( Australian Institute of Health and Welfare, 2013 ) . These wrongdoers are required to non merely attend all tribunal processes but to be involve actively as good ( Australian Institute of Health and Welfare, 2013 ) .

Some critics claim that Autochthonal tribunals patterns slightly represents the renewing justness or curative justness ( Freiberg, 2001 ) , nevertheless that is non true. The effectivity of the Autochthonal tribunals is chiefly assessed by the rate of diminution with respects to reoffending, another index to be assessed is the sum of clip before the subsequent happening of offense along with the grade of its badness ( Marchetti & A ; Daly, 2007 ) . Improved tribunal attending rates and the decrease of tribunal order breaches are besides the normally used steps ( Marchetti & A ; Daly, 2007 ) .

Harmonizing to a research done by Australian Institute of Health and Welfare ( 2013 ) , there are presently no significant grounds found in respects with any lessening in reoffending, extended sum of clip to the undermentioned offense, or the diminution of the earnestness of impending offenses which were dealt by the Kalgoorlie Court, Murri Court, Children’s Koori Court and Circle Sentencing. One exclusion, nevertheless, was the Adult Koori Court which reported that there has been a lessening in the rate of reoffending ( Harris, 2006 ) .

Although the effectivity seems to be undistinguished due to the deficiency of grounds, which are the mensurable results. However, the Australian Institute of Health and Welfare ( 2013 ) believes that the Autochthonal tribunals can supply several intangible benefits. For illustration, bettering the relationship between the Indigenous community and the tribunal, assisting the Autochthonal people to hold better handiness to tribunal and besides increasing coherence of the local community ( Australian Institute of Health and Welfare, 2013 ) . With these agreement, the attending of Autochthonal suspects in tribunal will overall be higher.


This article has examined the responses of the Australian felon justness system towards the over-representation of the Autochthonal people and it has besides discussed about the effectivity of puting up Autochthonal tribunals to control with the over-representation issue. Although current surveies have non found significant cogent evidence that Indigenous tribunals system assistance with any lessening sum of reoffending, this is because it will necessitate more clip to see the full effects of the influences which these tribunals have. However, it is believed that it might already better other societal facet of the Indigenous community ( Australian Institute of Health and Welfare, 2013 ) .

Some alternate attacks which might turn to the issue more efficaciously is to put more into translator services as Autochthonal people could merely reply merely framed inquiries as they can talk really basic English ( Cooke, 2003 ) . Bettering the translator services will besides help the Judgess, attorneies and constabularies to work more expeditiously in the justness section when associating with the Autochthonal people.

A research done by The Justice Committee, ( 2009 ) has found that puting significantly in preventive service can forestall persons from going wrongdoers in future. Those who need such preventative services are viz. , persons with mental upsets, persons with intoxicant and drug jobs and besides stripling at the outskirts of the condemnable justness system ( The Justice Committee, 2009 ) . Therefore, another recommendation is to reinvest a quota of the militias spent on prison section to the communities where the majority prison population came from. The financess should be used to bring forth services and plans shaped in a manner to turn to the cardinal root cause of offense in those communities.

As of now, we have yet to wholly grok to the full how Indigeneity could do a difference to Judgess. Therefore, it is critical for us to increase our consciousness on how Indigeneity could impact the Judgess when they are condemning. Research workers in the hereafter could research the relationship between Indigeneity and judges’ rational piece condemning as this will help to reason if there are any possible factors which affect Autochthonal wrongdoers versus non-Indigenous wrongdoers condemning. Preferably, future research can besides if possible, interviews Judgess and inspect the judges’ condemning statements to farther appreciate the tribunals condemning patterns, point of views and its reverberations of Autochthonal wrongdoers.


Australian Human Rights Commission. ( 2012 ) .Face The Facts: SOME QUESTIONS AND ANSWERS ABOUT INDIGENOUS PEOPLES, MIGRANTS AND REFUGEES AND ASYLUM SEEKERS.Australia: Australian Human Rights Commission.

Australian Institute of Health and Welfare. ( 2013 ) .Deviating Autochthonal wrongdoers from the condemnable justness system.Australian capital: Closing the Gap Clearinghouse.

Chemical bond, C. , & A ; Jeffries, S. ( 2009, Apr ) . Does Indigeneity Matter? : Sentencing Autochthonal Wrongdoers in South Australia ‘s Higher Courts.Australian and New Zealand Journal of Criminology, 47-71.

Cooke, M. ( 2003 ) .Autochthonal Interpreting Issues For Courts.Victoria: Australian Institute of Judicial Administration Incorporated.

Daly, K. , & A ; Marchetti, E. ( 2004, May ) . Autochthonal Courts and Justice Practices in Australia.Autralian Institude Of Criminology, 1-6.

Freiberg, A. ( 2001 ) . Problem-oriented tribunals: advanced solutions to intractable jobs? .Journal of Judicial Administration, 6-26.

Harris, M. ( 2006 ) .“ A sentencing conversation ” : rating of the Koori tribunals: pilot plan: October 2002 – October 2004.Melbourne: Department of Justice.

Lawrie, R. , Thomas, B. , Brignell, G. , Smart, J. , & A ; Potas, I. ( 2003 ) .Circle Sentencing in New South Wales.Sydney: Judicial Commission of New South Wales and Aboriginal Justice Advisory Council.

Louis, E. , & A ; Morgan, A. ( 2010 ) .Evaluation of the Queensland Murri Court: concluding study.Australian Institute of Criminology. Canberra: Technical and Background Paper.

Magistrates ‘ Court of Victoria. ( 2003 ) .Koori Court. Retrieved from Magistrates ‘ Court of Victoria.

Marchetti, E. , & A ; Daly, K. ( 2007 ) . Autochthonal Sentencing Courts: Towards a Theoretical and Jurisprudential Model.Sydney Law Review, 415-443.

Poroch, N. ( 2007 ) .YOU DO THE CRIME, YOU DO THE TIME.Australia: Winnunga Nimmityjah Aboriginal Health Service.

The Justice Committee. ( 2009 ) .Cuting offense: the instance for justness reinvestment.House of Commons.

The Koori Court. ( 2012 ) .Information for legal representatives about the Koori Court.Victoria: Koori Court Unit.

Western Australian Department of Indigenous Affairs. ( 2005 ) .Get the better ofing Autochthonal Disadvantage.Perth Western Australia: Australian Bureau of Statistics.

Williams, P. ( 2001 ) . Deaths in Detention: 10 Old ages on from the Royal Commission.Australian Institute of Criminology, 1-6.