Circle sentencing brings the court, offender, victims, respected elders and community members together to determine an appropriate sentence. It is a specialist sentencing process within the NSW Local Court designed for Aboriginal offenders.
It is a structured, culturally informed sentencing process aimed at accountability, rehabilitation and reducing reoffending. It is a restorative justice process designed to reduce incarceration rates and recidivism.
What is circle sentencing?
The circle sentencing operates under the Crimes (Sentencing Procedure) Act 1999. Unlike a standard sentencing hearing, circle sentencing involves:
- The magistrate,
- The offender,
- The offender’s legal representative,
- The prosecutor,
- The victim (if they choose to participate),
- Aboriginal elders.
The offender speaks directly to those present, which can be both confronting and powerful. Participants sit in a circle and discuss the offence, impact and the appropriate outcome.
Who is eligible for circle sentencing?
To be eligible, an offender must satisfy the following criteria:
- Be Aboriginal,
- Plead guilty or be found guilty,
- Be over 18 years old,
- Have the matter finalised in the local court of New South Wales,
- Consent to the process.
Very serious indictable offences are excluded from the possibility of circle sentencing. The magistrate must be satisfied that circle sentencing is the appropriate choice considering the circumstances.
How does the process work?
- Referral
Initially after a guilty plea, the Magistrate may refer the matter to circle sentencing.
- Preparation
A circle sentencing coordinator arranges the conference, and community elders are selected.
- The circle
On the day of the circle sentencing, the offence is openly and honestly discussed. If the victim is present, they have the chance to explain the harm that was caused. The elders will then speak about the impact on family and community. It is expected for the offender to take responsibility and respond direct. Active participation from the offender is necessary.
- Agreement on Sentence
All parties involved in the circle sentencing will then discuss and make recommendations. The magistrate holds the final authority; however, they generally adopt the agreed view and consider the elder’s perspectives.
What type of sentences can be imposed following circle sentencing?
Circle sentencing can result in:
- Community correction orders,
- Fines,
- Good behaviour bonds,
- Community service,
- Participation in rehabilitation programs,
- Intensive Correction Orders,
- Imprisonment.
However, it is important to note that detention remains a last resort.
What is so special about circle sentencing?
There is a high level of community accountability. The offender answers directly to elders and community members, not just the court. Additionally, the process acknowledges the intergenerational trauma and the historical overrepresentation of Aboriginal people in the criminal justice system. It aims to focus on rehabilitation by addressing underlying issues such as substance use, family breakdowns and social disadvantages.
The process is emotionally confronting and requires genuine responsibility. Research shows that circle sentencing holds offenders accountable on a more personal level, often reduces reoffending rates and can impose community-based orders.
Can a lawyer help with circle sentencing?
Yes, a lawyer can assess eligibility, prepare a submission supporting your referral and help structure a realistic rehabilitation plan. Circle sentencing can be a positive opportunity, but only when you are properly prepared.
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