Questions and answers

Is Circle sentencing restorative justice?

Is Circle sentencing restorative justice?

Circle Sentencing is one such program. Circle Sentencing (CS) is the largest Restorative Justice (RJ) program for Aboriginal offenders in NSW. CS is an alternative sentencing option, with the full sentencing power of a traditional court, for Aboriginal offenders that meet a specific set of conditions.

What is a circle sentencing?

Circle Sentencing is an alternative sentencing method for Aboriginal offenders, which is available in 12 NSW Local Courts. Under Circle Sentencing, the magistrate works with Aboriginal elders, victims and the offender’s family to determine an appropriate sentence.

What are the 4 goals of restorative justice?

The goals of circles include: promoting healing of all affected parties, giving the offender the opportunity to make amend, giving victims, offenders, family members and communities a voice and shared responsibility in finding constructive resolutions, addressing underlying causes of criminal behaviour, and building a …

What are the drawbacks of circle sentencing?

Circles are not for people facing murder or sexual assault charges. Circle sentencing is not an easy way out for offenders. Punishments tend to fall in the middle-to-heavy end of penalties. The program often involves culturally appropriate, intensive supervision of participants.

Do ATSI offenders have a right to different sentencing procedures?

There is no warrant, in sentencing an Aboriginal offender in New South Wales, to apply a method of analysis different from that which applies in sentencing a non-Aboriginal offender. Nor is there a warrant to take into account the high rate of incarceration of Aboriginal people when sentencing an Aboriginal offender.

What is circle sentencing and restorative justice?

Circle sentencing is one such restorative justice initiative. It aims to recognize the needs of victims, secure the participation of the community, and identify the rehabilitative needs of the offender. Unlike many other restorative initiatives, it is part of and replaces sentencing in the formal justice system.

What are the three pillars of restorative justice?

According to Howard Zehr, a recognized founding father of restorative justice, the concept is based on three pillars: Harms and needs. Obligation (to put right) Engagement (of stakeholders)…In other words:

  • Empathy for all and by all.
  • A mumbled “sorry” is not enough.
  • Everyone is involved in the healing.

What is the focus of restorative justice?

Restorative justice refers to a way of responding to crime, or to other types of wrongdoing, injustice or conflict, that focuses primarily on repairing the damage caused by the wrongful action and restoring, insofar as possible, the well-being of all those involved.

How does a sentencing circle work?

A sentencing circle is an added step available in sentencing hearing process that are available to aboriginal offenders. The members of the circle will then collectively come to a conclusion as to a fit and proper sentence that will ultimately be considered by the judge sitting in court at a sentencing hearing.