A former Dubbo-based magistrate who presided over 25 Indigenous circle sentencing cases in Walgett said only one person had since reoffended. Circle sentencing operates in 12 courts in New South Wales Aboriginal offenders are sentenced via a discussion with local elders and family Research shows lower rates of reoffending and prison time Circle sentencing is a method in which Aboriginal offenders are sentenced through a discussion involving local elders, family members and sometimes victims. Magistrate Claire Girotto worked for several years on the Dubbo and Walgett circuit and is calling on the program to be expanded in New South Wales, after a study supported her experience that participants had better outcomes. “I’m a big fan of it,” Ms Girotto said. She said the process allowed offenders to take ownership of their crimes and their futures. “The whole process was a very positive one, where at the end of it [they] felt calm again and can see they’re not evil, that there’s a way forward.” Reoffending rates down A Bureau of Crime Statistics and Research (BOCSAR) study found there were lower rates of imprisonment and reoffending among Aboriginal people who were sentenced via circle compared to a traditional court setting. The study found offenders were half as likely to receive a prison sentence, leading to a cost saving to the taxpayer of about $2.8 million a year. It also found they were 4 per cent less likely to reoffend within 12 months, and cases in which they did reoffend, it took an average of 55 days longer to do so. Circle sentencing is sometimes conducted at Dubbo Court House. ( : Nick Lowther ) Calls for program expansion A number of stakeholders, including the Aboriginal Legal Service (ALS) and the NSW Bar Association, have called for circle sentencing to be offered in more places. Since it was introduced in Nowra in 2002, the program has expanded to 12 local courts, mostly in regional areas. ALS deputy principal solicitor Shaun Mortimer said he believed the communities of Wagga Wagga, Albury and Griffith would be ideal due to their significant Aboriginal populations. “Ultimately, it’s a benefit for the community to reduce those rates [of incarceration], so initiatives such as circle sentencing are important and they’re effective,” Mr Mortimer said. He said he thought other intervention programs such as youth Koori courts and a drug court could also be offered in more regional locations. “Offenders who are first coming before the courts can be dealt with in more culturally appropriate ways.” ‘There is no simple solution’ Ms Girotto said the social benefit would likely outweigh the monetary costs of hosting more circles. “For example, in Dubbo in a day we could probably do four,” she said. “I suppose the cost of reoffending as opposed to the cost of circle, it may well be cost-effective.” Attorney-General Mark Speakman said he welcomed the BOCSAR results and requested a briefing from his department on how the state could support the program. In a statement, he said circle sentencing played an important role in reducing imprisonment and reoffending for Aboriginal people. “The overrepresentation of Aboriginal people in the criminal justice system is a national tragedy for which there is no simple solution,” he said. “The NSW Government is committed to reducing the number of Aboriginal people in custody.”
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Robert Wilson
Robert Wilson is a seasoned independent crime journalist based in NSW, renowned for his incisive reporting and fearless pursuit of the truth. With over two decades of experience in the field, Robert has covered some of the most high-profile criminal cases and investigations across the country. His work is characterized by a meticulous attention to detail and a commitment to uncovering the underlying stories behind headline-grabbing incidents. Robert’s articles have been featured in prominent national newspapers and magazines, earning him a reputation as a trusted and authoritative voice in crime journalism.
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