CIRCLE Sentencing has been hailed as an important part of the judicial process whose implementation in the Macleay has given the Aboriginal community significant input into the legal system.
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To be eligible for participation, indigenous offenders must plead guilty to their crimes in the local court.
The authorities must then be satisfied that the offender is suitable for Circle Sentencing and that it will have a positive impact on them, and - if they choose to be involved - the victims of that crime.
The process involves the magistrate and other officers of the court, police prosecutors, the Aboriginal Legal Service, and local elders.
In keeping with indigenous justice custom, the elders make it clear - often in brutal and uncompromising terms - how offenders have let down themselves and their community.
Members of the Kempsey legal fraternity have told The Argus they have seen hardened criminals reduced to tears during hearings.
Defendants may receive custodial sentences or community service, and the Crown can appeal any sentence.
With Kempsey magistrate Wayne Evans set to retire at the end of the year, the local circuit is scheduled to change.
There will be reduced sittings at Kempsey and Macksville, with more cases being heard at Port Macquarie and Coffs Harbour, as was the case before Mr Evans took up his position.
It is likely Circle Sentencing will be cut back drastically, a prospect insiders believe will undo much of the positive outcomes the community has received.
Argus reporter Todd Connaughton was invited to a sitting ...
THE Argus had the rare opportunity to sit in on a Circle Sentencing session in Kempsey this month.
Circle Sentencing is an alternative sentencing court for adult Aboriginal offenders which has been operating in Kempsey since 2006; it is known as the Circle as the members of the court sit facing each other in a ring.
The victim of the crime being dealt with also has the opportunity to be in the circle.
The Circle has the full sentencing powers of a conventional court session and is only available to offenders who plead guilty.
It directly involves local Aboriginal people in the process of sentencing offenders with the key aims of making it a more meaningful experience for the offender and improving the Aboriginal community’s confidence in the criminal justice system.
Circle Sentencing works by producing better outcomes for individual offenders rather than reducing overall rates of recidivism, although this is true of some circle courts.
At the Circle session attended by The Argus, the magistrate, the police prosecutor and members of the Kempsey Aboriginal community spoke in plain language to the offender, leaving him in no doubt about how his crime has affected the community, the victim and his own family.
Victor Darcy, the Kempsey Circle Court project officer, said the fact that people known to the offender are part of the process makes it more effective than a regular court.
Local elder Aunty Mavis Davis is a member of the Circle.
She initially fought against the introduction of Circle Sentencing in Kempsey.
“I thought it would just be payback time for members of the court against the offenders who came before us because we know each other or the families involved,” she said.
“I have seen young men and women who might otherwise be lost to the prison system reconnect with their Aboriginal heritage and turn their lives around, but make no mistake it isn’t a soft option.
“We can and do hand down serious prison sentences.
“It took time for Wayne (magistrate Wayne Evans) to win me over, but it has worked. It is the best thing since butter on toast.”
![ositive outcomes: a Circle Sentencing session in Kempsey. The offender and the victim were not present when this photo was taken. Pictured are the Sherrif's officer, solicitor Kevin Henshaw, circle member Wayne Mead, member Mavis Davis, magistrate Wayne Evans, member Dolly Flanders, member Cyril Davis and police prosecutor Nadine Roberts. Not pictured is project officer Victor Darcy ositive outcomes: a Circle Sentencing session in Kempsey. The offender and the victim were not present when this photo was taken. Pictured are the Sherrif's officer, solicitor Kevin Henshaw, circle member Wayne Mead, member Mavis Davis, magistrate Wayne Evans, member Dolly Flanders, member Cyril Davis and police prosecutor Nadine Roberts. Not pictured is project officer Victor Darcy](/images/transform/v1/resize/frm/storypad-WwnxjMJnfFasTcWZ8LkR3Y/4f62358e-66f7-46cd-97ed-01f06ccb0f6f.jpg/w1200_h678_fmax.jpg)