Improving Sentencing Processes Through the Provision of Aboriginal Pre-Sentencing Reports

Project Member(s): Anthony, T.

Funding or Partner Organisation: Australasian Institute of Judicial Administration

Start year: 2015

Summary: Funding for scoping work for a major pilot project to commence in 2016. The pilot will examine whether Indigenous community involvement in the preparation of pre-sentencing reports could improve the sentencing process by providing courts with a fuller set of information regarding the material facts relevant to the offender and the offence and a broader set of community-based sentencing options. This scoping phase will: (1) acquire and analyse base-line qualitative data on best practices to account for Aboriginality in sentencing, in order to (2) develop a methodology for piloting and evaluating the use of community pre-sentencing reports.

Publications:

Anthony, T, Brown, D, Farrier, D, McNamara, L, Steel, A, Grewcock, M, Quilter, J, Schwartz, M & Loughnan, A 2020, Criminal Laws Materials and Commentary on Criminal Law and Process of NSW, 7, Federation Press, Sydney.

Shepherd, SM & Anthony, T 2018, 'Popping the cultural bubble of violence risk assessment tools', Journal of Forensic Psychiatry and Psychology, vol. 29, no. 2, pp. 211-220.
View/Download from: Publisher's site

Anthony, T, Marchetti, E, Behrendt, L & Longman, C 2017, 'Individualised Justice through indigenous Community Reports in Sentencing', Journal of Judicial Administration, vol. 26, no. 3, pp. 121-140.

Anthony, T & Crawford, W 2015, 'Indigenous Sentencing Courts: a renewed legislative foundation', Balance: Journal of the Northern Territory Law Society, pp. 46-55.

Anthony, T, Bartels, L & Hopkins, A 2015, 'Lessons lost in sentencing: Welding individualised justice to Indigenous justice', Melbourne University Law Review, vol. 39, no. 1, pp. 47-76.

FOR Codes: Aboriginal and Torres Strait Islander Law, Access to Justice, Criminal Law and Procedure, Criminal Justice, Rehabilitation and Correctional Services, Aboriginal and Torres Strait Islander Development and Welfare