Circle Sentencing is being adopted by the Aboriginal and justice communities in the Nambucca Valley as a new way of tackling a traditional subject, crime. Circle Sentencing was first introduced to Australia in 2002, and its success to date is behind the adoption of this new legal practice by the local community.

Circle sentencing is an alternative method of trial for indigenous offenders and another step in the ongoing development of Australian law.

It involves a magistrate and police prosecutor, as in conventional court proceedings, but unlike a normal court structure, also includes Elders from the Aboriginal community and family members of offenders and victims. Circle sentencing is termed so because the hearing is conducted, sitting on chairs in a circle formation with all in attendance facing each other.

In a circle sentencing court there is no witness box, no jury stand or judge presiding at the head of the room, it does however possess the same authority as a regular court and can issue fines, good behavior bonds and gaol sentences.

The aim of circle sentencing is to engage the indigenous community in the justice system as a way of recognising

cultural differences in the way crime is understood and judged.

Local Magistrate Wayne Evans, who oversees circle sentencing in two Aboriginal nations, said it had taken more than 200 years for the indigenous community to be given the opportunity to judge their own people.

“There are a large number of people in the Aboriginal community who are worldly, experienced and highly respected,” Mr Evans said.

“Those Aboriginal leaders can assist in the court process.

“So far the results of circle sentencing are positive, offenders who have been tried in front of the circle are less likely to re-offend than those tried in the normal court system.”

Mr Evans is helping to establish an independent group of local representatives for circle sentencing in this country (Gumbanyggnirr). The group will then rove from place-to-place, wherever the community needs it.