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Report on the Review of the Murri Court Report on the Review of the Murri Court Report to the Honourable Kerry Shine MP Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland Prepared by Natalie Parker and Mark Pathé Strategic Policy Department of Justice and Attorney-General Report of the Review of the Murri Court Department of Justice and Attorney-General: Our Vision A safe, just and supportive Queensland community. Department of Justice and Attorney-General: Our Purpose To deliver open and accessible justice which inspires public confidence, social responsiveness and community harmony. © The State of Queensland Department of Justice and Attorney-General December 2006 Copyright protects this publication. The State of Queensland has no objection to this material being reproduced but asserts its right to be recognised as author of its original material and the right to have its material remain unaltered. Acknowledgements The authors of the Report wish to thank all those who contributed to the Review, noting especially the Chief Magistrate and other Magistrates, Elders and respected persons, staff who work in and with the Murri Court, community justice group members and co-ordinators and staff and volunteers of other community-based services. The co-operation of the Magistracy, government departments and non- government agencies in the Review is appreciated. The authors of the Report would also like to thank the other members of the Murri Court Review team for their efforts and the many staff members of the Department of Justice and Attorney-General who assisted the project. The Department of Justice and Attorney-General State Law Building 50 Ann Street Brisbane Qld 4000 Telephone: (07) 3239 3520 Fax: (07) 3221 2534 Email: [email protected] Note: This publication is accessible through the Department of Justice and Attorney-General website – www.justice.qld.gov.au. 2 Contents EXECUTIVE SUMMARY.............................................................................................4 Review recommendations and outcomes achieved to date.....................................6 CHAPTER ONE: BACKGROUND TO THE REVIEW................................................11 Purpose of the Review...........................................................................................11 Review Process .....................................................................................................11 History of the Murri Court.......................................................................................13 Why develop an Indigenous Court?.......................................................................13 Other involvement of Indigenous communities in the court process......................14 Indigenous Courts in other Australian jurisdictions ................................................14 Literature on Indigenous courts .............................................................................14 Outline of the Review report ..................................................................................14 CHAPTER TWO: UNDERSTANDING AND ASSESSING THE MURRI COURT’S OBJECTIVES, FUNCTIONS AND PROCESSES .....................................................16 Description of each Murri Court that sits in Queensland........................................16 Differences in the Murri Court ................................................................................19 CHAPTER THREE: ARE THE OBJECTIVES OF THE MURRI COURT BEING MET? ..................................................................................................................................23 Analysis of current objectives ................................................................................23 Outcomes data ......................................................................................................24 Additional objective for the Murri Court..................................................................25 Need for a Murri Court database ...........................................................................27 Independent evaluation .........................................................................................28 CHAPTER FOUR: IS THE COURT ADEQUATELY RESOURCED? ........................31 The appointment of staff to support the Murri Court Magistrate and Murri Court participants ............................................................................................................31 Court free days for Murri Court Magistrates...........................................................33 Support for Elders and community justice groups so that they can better undertake their role.................................................................................................................34 Training and education of other Murri Court stakeholders and participants...........39 Rehabilitative/diversionary programs and services for offenders...........................40 Resources for legal representation in the Murri Court ...........................................42 CHAPTER FIVE: SUGGESTED CHANGES TO IMPROVE THE MURRI COURT ...43 A legislative base for the Murri Court.....................................................................43 Return to Murri Court for breaches of orders and resentencing.............................47 Name of the ‘Murri Court’.......................................................................................48 Involvement of the victim in the Murri Court process .............................................48 Future Development of the Murri Court .................................................................49 Reference list ............................................................................................................52 APPENDIX - Organisations that participated in the Review of the Murri Court 3 Report of the Review of the Murri Court EXECUTIVE SUMMARY In Queensland, nearly 27% of all adult prisoners1 and 60% of all juveniles in detention2 are Aboriginal or Torres Strait Islander people. As Indigenous people constitute approximately 3.5% of Queensland’s population3, the Queensland Government is seeking ways to reduce offending and create safer communities. The Magistracy established Queensland’s first sentencing court for Indigenous offenders in 2002. The court, known as the Murri Court, is a positive initiative and has become a locally supported Queensland response to address Indigenous over-representation in the criminal justice system. Individual Magistrates, service providers and local Indigenous communities have worked together to establish a Murri Court in the Adult Magistrates Court criminal jurisdiction and/or the Childrens Court in Brisbane, Caboolture, Rockhampton, Mount Isa and Townsville. The Murri Court has also recently started operating on a trial basis in Cherbourg. In September 2005, the Honourable Linda Lavarch MP, previous Attorney-General and Minister for Justice commissioned an internal review of the Murri Court. The Review was to assess the court’s effectiveness and whether its operations can be improved with a view to making it a recognised and permanent fixture of Queensland’s Magistrates Court and Childrens Court system. The Review was conducted by the Department of Justice and Attorney-General’s (JAG) Strategic Policy Unit. Overall, 478 people provided feedback to the Review in their personal capacity or representing a government or non-government organisation. Outcome update Based on the outcomes of the Review, additional funding has been provided for the Murri Court. As part of the 2006-07 Budget, the Queensland Government provided $5.2M over three years commencing January 2007 for the Murri Court. This report contains 18 recommendations and the Queensland Government has already committed to 17 of those recommendations. These outcomes are reflected in the report. This immediate action demonstrates the Queensland Government’s commitment to improving justice services to Aboriginal and Torres Strait Islander people. Key Review Findings During consultation, the majority of respondents reported that the Murri Court is a culturally appropriate sentencing court. The Review was often informed by Murri Court stakeholders that: 1. the Elders’ and respected persons’ involvement in the court process assists the offender developing trust in the court; and 2. the court’s problem solving focus assists offenders to undertake rehabilitation and stop their offending conduct. 4 Report of the Review of the Murri Court When asked about possible perceptions of the Murri Court as a ’soft option’, stakeholders reported that the Murri Court is not lenient in its sentencing practices. The penalties are onerous on the offender as they often involve treatment and close supervision. Also, the presence of members of the offender’s community in the court: 1. assists the offender to be more responsible for their offending behaviour; and 2. increases the offender’s awareness of the impact of their offending on the victim and their own community. The Murri Court does not sentence offenders who have committed major or serious offences of violence as these types of offences are dealt with in the District Court. From court records, the Review found that offences dealt with in the Murri Court are usually non-violent, such as stealing, receiving stolen property, unlawful use of a vehicle, illegal entry of premises, driving offences, drug offences, and breach of bail conditions. The categories of violent offences dealt with most often in the Murri Court are
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