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:

BROWN, D 2025, CRIMINAL LAWS Materials and Commentary on Criminal Law and Process of New South Wales, 7, Federation Press, Sydney.

Shepherd, SM & Anthony, T 2018, 'Popping the cultural bubble of violence risk assessment tools', The Journal of Forensic Psychiatry & 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, Bartels, L & Hopkins, A 2016, 'Lessons Lost in Sentencing: Welding Individualised Justice to Indigenous Justice', Melbourne University Law Review, vol. 39, no. 3, pp. 47-76.

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

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, Aboriginal and Torres Strait Islander peoples and the law, Criminal procedure, Justice and the law, Aboriginal and Torres Strait Islander community services

Acknowledgement of Country

UTS acknowledges the Gadigal people of the Eora Nation, the Boorooberongal people of the Dharug Nation, the Bidiagal people and the Gamaygal people, upon whose ancestral lands our university stands. We would also like to pay respect to the Elders both past and present, acknowledging them as the traditional custodians of knowledge for these lands.