Aboriginal Circle Court to commence in the Pilbara

20/11/02
A groundbreaking initiative to address the unacceptably high level of Aboriginal imprisonment in Western Australia was announced today in the State's Pilbara region.
Attorney General Jim McGinty said that a 'Circle Court' - involving Aboriginal elders and the judiciary - would begin sitting early in 2003 at the remote Yandeyarra Aboriginal community near Port Hedland.
The innovative new court would involve a local magistrate sitting off the bench with community elders to determine sentences in selected cases.
The court would be available to selected offenders who pleaded guilty and were prepared to accept responsibility for their actions. It would not be available for offences where immediate imprisonment was warranted.
As well as directly including Aboriginal elders in the administration of justice, the initiative would also enhance the court's knowledge about culturally significant factors that might affect the type of sentence imposed, or the conditions attached to a sentence.
Mr McGinty said it was an important step towards a more inclusive justice system for Aboriginal people.
"The Circle Court is about listening to community leaders, to victims, the offender and members of their families in order to impose a meaningful sentence that not only serves as punishment but also gives the offender an opportunity to address their behaviour and repay the community," he said.
Mr McGinty said the Yandeyarra community - which is situated about 140km south-east of Port Hedland - was to be applauded for its support of the Circle Court.
"This is a self-funded, community-driven initiative that seeks to address issues of great concern to the people of Yandeyarra," he said.
"Alcohol and substance abuse have been identified as the main contributors to crime within the region and it has also been identified that a number of offenders in the community get into trouble when they go into a town."
Mr McGinty also commended Port Hedland magistrate Stephen Sharratt who, he said, had combined the best elements of similar courts operating in other jurisdictions to produce an Aboriginal court like no other in Australia.
The Minister said offenders sentenced to community work would be placed in existing programs funded through the Community Development and Employment Program.
"Rather than have selected offenders languishing in prison, they will be out making real reparation as well as learning new skills as productive members of their community," he said.
The criteria for participants to be admitted to the program include:

• the offender pleads guilty and accepts responsibility for their actions;

• the Yandeyarra community accepts placement of the person at the community;

• the offender's problems (such as drug or alcohol abuse) are capable of being addressed in the program, and there are no physical or psychological problems that would preclude their participation; and

• the court has the realistic option of imposing a sentence other than imprisonment.

Mr McGinty said the magistrate would hold regular meetings with the participants via video conferencing to discuss their progress and would also attend the community every 10 weeks to personally discuss the participant's progress.
The Circle Court program will be available to any Aboriginal offenders who are residents of Yandeyarra, or are family members of Yandeyarra residents, appearing before magistrate Sharratt in any court within the Port Hedland magisterial district.
Mr McGinty said that despite a heartening drop of 18.2 per cent in WA's Aboriginal imprisonment rate over the past 12 months, WA was still locking up indigenous Australians at a greater rate than any other State.
"One in 39 adult Aboriginal people in WA is in prison - that is almost twice that of New South Wales, where one in 75 is imprisoned," he said.
Attorney General's office: 9220 5000