Table of Contents

1. Introduction
2. How Aboriginal Courts Work
3. The Roles of the Participants
4. The Decision-making Process
5. What Do Aboriginal Courts Achieve?
6. Theory and Critiques
7. Conclusion

About the Author

Paul Bennett was appointed a Magistrate (part-time) in 2007 and has worked in criminal courts in Adelaide, regional and remote areas. He has worked in specialist courts for family violence, drug and mental health offenders, and currently works in various criminal courts, including the Nunga Courts at Port Adelaide and Murray Bridge.


Paul was a criminal lawyer with the Legal Services Commission in South Australia (1988-2000) and then the Criminal Practice Manager at the Aboriginal Legal Rights Movement (2001-07). He has regularly represented Aboriginal clients in Aboriginal Courts, as well as other criminal courts at all levels.

Reviews

Over 50 Aboriginal sentencing courts have opened around Australia since their nascence in the late 1990s, and they have a foothold in most Australian states and territories. Yet as we mark the 25th anniversary of the Royal Commission into Aboriginal Deaths in Custody, Aboriginal incarceration rates continue to soar and there is a sense that the current approaches are not achieving what they set out to do, namely, reduce incarceration rates. Prominent criminologists have doubted the capacity of Aboriginal sentencing courts to combat reoffending, and such courts have been abolished in the Northern Territory and Queensland (although the current Queensland Labor government is committed to their reintroduction). It is against this background that one must read Paul Bennett's recent book, Specialist Courts for Sentencing Aboriginal Offenders: Aboriginal Courts in Australia. Bennett has, in a sense, set himself the task of making the case for the continued operation and expansion of these courts. He fulfils his brief admirably, crafting a book that is part history, part compendious literature review and part observational study. ... The book should be read not just by lawyers, social workers, interpreters, researchers and other practitioners working or interested in this field; it should be read and heeded by policy-makers and politicians. Read full review... - Julian R Murphy, Indigenous Law Bulletin, July/August 2016 ... Bennett's work provides a complete collation of available literature, this text is a useful source for those working in or interested in the justice field. The text's scope is extensive in over-viewing all aspects of the courts' purpose, structure and aims. Most importantly, it evidences how the courts have achieved their key aims. In this discussion, Bennett emphasises that aims such as improved and diverse sentencing practices, increased court attendances, and Indigenous participation and empowerment should not be overshadowed by reduced recidivism rates, as these are equally important. Overall, Bennett has provided a comprehensive overview and analysis of Australia's Indigenous sentencing courts. ... he has done well to highlight the importance of these courts in addressing Indigenous disadvantage and rebuilding trust between Indigenous communities and the criminal justice system. Despite noting inconclusive effects on recidivism rates, Bennett makes a good case for the expansion of these courts, citing increased attendance rates, heightened participation by Indigenous people in the court process, and the collection of diverse data to improve justice practices. This text should not only be read by justice and welfare professionals but also by policy writers and politicians. Further, due to its synthesis of information and accessible writing style, this book would also make an excellent text for law, justice and social work students. Read full review... - James Morton, International Journal for Crime, Justice and Social Democracy, 2016 5(4)