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Cecelia O’Loughlin (a Narungga woman from Point Pearce, South Australia) Community Justice: You have a voice, let it be heard 2003 oil on canvas Purchased collection of the Courts Administration Authority, Adelaide, 2003 © Courts Administration Authority \n\nThe specialist Aboriginal Court is one of the most important and controversial measures introduced in recent decades to address the disadvantage and particular needs of Aboriginal people in the criminal courts of Australia. This book offers a comprehensive analysis of Aboriginal Courts and their relationship to the criminal justice system. \nThe Aboriginal Court is examined from practical and theoretical perspectives: the rationale for a specialist court for Aboriginal people, its aims, how they work, what they achieve and its critics. It describes the differing models of Aboriginal Courts in each jurisdiction, identifying their common features whilst emphasising their diverse and fundamentally localised nature. The analysis of what Aboriginal Courts achieve is introduced with a summary of current research on a range of outcomes: Aboriginal community participation, better sentencing information and attendance and recidivism rates. \nThe book’s central theme is that Aboriginal Court sentencing provides a simple and direct way for Aboriginal people to be heard and understood in a manner rarely achieved by a mainstream magistrates court in a busy list. This unique approach empowers and involves Aboriginal people in the court process, reducing barriers of language, culture and social disadvantage whilst better informing the sentencing court on the often complex needs of Aboriginal offenders, victims and their communities. \nSpecialist Courts for Sentencing Aboriginal Offenders draws on current literature, academic and government research and the author’s experience as a lawyer and magistrate in Aboriginal, specialist and mainstream criminal courts to explore how Aboriginal Courts have developed, their significance and to propose their more widespread use. \n“Paul Bennett’s work will be highly valued, particularly by professionals involved in the criminal justice system. He has done us all a commendable service by comprehensively bringing together and objectively assessing the available material on Aboriginal Courts.” From the Foreword by Justice Jenny Blokland of the Northern Territory Supreme Court

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9781760020415

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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)

Author Information

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.

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