Aboriginal sentencing programs

Circle sentencing

Circle sentencing is an intervention program for Aboriginal people who have pleaded guilty to, or been found guilty of, an offence in the Local Court. It allows members of the Aboriginal community to participate in the sentencing process through circle sentencing groups.

A circle sentencing group is responsible for:

• deciding your treatment and rehabilitation plan
• recommending an appropriate sentence for you
• providing you with support or assistance to complete the program or an intervention plan.

A circle sentencing group must include:

• you
• your lawyer
• the Magistrate
• the prosecutor
• the Project Officer
• at least three Aboriginal people who belong your community, or with whom you have a close association or kinship with, as recommended by the Aboriginal Community Justice Group.

It may also include:

• any victims
• a support person for a victim
• your support person
• any other person chosen by the Project Officer, with your consent, and the consent of a participating victim.

You are eligible to participate in circle sentencing if:

• you are Aboriginal, and
• you are an offender, and
• the Aboriginal Community Justice Group has determined you are a suitable for the program
• you enter into an agreement to participate in the program, and
• the Court considers that it is likely you will be required to serve a relevant sentence.

If you are eligible, the Magistrate may refer you to have a suitability assessment. The Project Officer for the Court will then arrange a meeting of the Aboriginal Community Justice Group to assess whether you are a suitable candidate to participate in the program. They will consider:

• the nature of the offence
• whether you are part of an Aboriginal community in the trial location, or you have a close association or kinship with a relevant community
• the impact of the offence on the victims
• the impact of the offence on the Aboriginal community to which you belong or have a close association or kinship with
• the potential benefits to you, the victims, your community of you participating in the program
• any other matter that is relevant.

The Aboriginal Community Justice Group must report back to the Court within 14 days. If the Aboriginal Community Justice Group decides you are not suitable, you are not eligible to participate in the program. If the Aboriginal Community Justice Group decides you are suitable, the Magistrate may then make a program participation order if they are satisfied that it would be appropriate for your to participate in the program.

After the Magistrate makes this order, you will need to sign an agreement to participate in the program.

The Project Officer will then organise a circle sentencing group as soon as possible, which the Magistrate will preside over. They will contact the victim(s) to see if they want to participate in the group.

The circle sentencing group will meet to make an intervention plan that sets out:

• an appropriate plan for your treatment or rehabilitation, and
• an appropriate sentence for you.

The plan may specify that:

• you be of good behaviour and conduct
• you attend counselling or other treatment
• you be supervised while you complete the plan
• you live at a specific place
• you don’t associate with certain people
• you don’t attend certain locations
• you participate in activities, courses, training or employment.

You must comply with the program participation order and your intervention plan. If you don’t, you may be sent back to the court to be sentenced.

Evidence of anything said in a meeting of a circle sentencing group, or an Aboriginal Community Justice Group, is inadmissible in any criminal or civil proceedings. 

Walama List Pilot

The Walama List is an intervention program for Aboriginal or Torres Strait Islander people who have pleaded guilty to, or been found guilty of, an offence in the District Court. It provides a therapeutic and holistic approach to sentencing. It aims to address underlying needs and risk factors related to criminal behaviour, by involving Aboriginal and Torres Strait Islander Elders and other Respected Persons in sentencing proceedings.

The role of Aboriginal and Torres Strait Islander Elders and other Respected Persons is to:

• provide cultural and community advice to the Walama List Judge
• assist the Judge to understand your cultural heritage, history and norms
• offer support and advice to the Judge on how you could improve your connections with your culture and community
• assist the Judge to identify culturally significant issues and culturally appropriate programs or supports that might be included in the Walama Case Plan.

It is currently operating from the Sydney Central District Court.

You are eligible to be referred to the list if:

• you are
  • descended from an Aboriginal person or Torres Strait Islander
  • identify as Aboriginal or Torres Strait Islander, and
  • accepted as Aboriginal or Torres Strait Islander by the relevant community
• you have pleaded guilty to an eligible offence in the Local Court, or upon Arraignment in the District Court
• you have signed an Agreed Statement of Facts
• you are willing to participate in the Walama List sentencing procedure
• your matter is listed for sentence at
  • Sydney District Court
  • Parramatta District Court
  • Campbelltown District Court, or
  • Penrith District Court. 

You can’t apply to be referred to the list if you have pleaded guilty to:

• a prescribed sexual offence, such as sexual assault
• wounding or grievous bodily harm with intent
• choking, suffocation or strangulation
• conspiring to commit murder, attempted murder or related acts.

If you are eligible, you need to make an Application for Referral to the Walama List on the date of First Mention in the District Court.

If your matter is placed in the list, a Walama Case Plan will be developed to meet your needs and risk factors. It may include a combination of culturally appropriate rehabilitation programs, counselling, physical and mental health therapies, and other programs and support services.

After you have completed your case plan, you will be sentenced for the offence. When deciding your sentence, the Court will take into account the steps you have taken under your plan. The Court can give you any sentence that you could normally receive for the offence.

For more information, see Walama List factsheet on the Indigenous Justice Clearinghouse website.