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Aboriginal Community Court
The Aboriginal Community Court is the name given to the specialised courts dealing with indigenous offenders in the Australian State of Western Australia. The proceedings are conducted in the Magistrates Court of Western Australia.〔The Magistrates Court is not spelt with an apostrophe, see section 4 of the Magistrates Court Act 2004 (WA)〕 The court is not an actual court, but it is the commonly referred to designation of the court when dealing with indigenous offenders accused of crime. This is to show its distinctiveness from the usual procedures involved in that criminal court, but also to demonstrate that the same court structure deals with both indigenous and non-indigenous offenders.
The court allows the involvement of the Australian Aboriginal and Torres Strait Islander communities in the sentencing process. It allows senior members of the local community to be involved in and express their views upon the particular crime and to be part of the sentencing process. The Court is conducted in a fairly informal manner with the magistrate seated at a table. A major goal of the court is to make sentencing orders that are appropriate to the background and situation of the offender.〔Western Australian Magistrates Court website http://www.justice.wa.gov.au/A/aboriginal_court.aspx?uid=6986-7860-4445-5582〕
==Background==
There is an over-representation of Aboriginal people in the criminal justice system in Australia. Aboriginal Australians in Western Australia comprise between 3 to 4% of the general population. However, they comprise more than 42% of the prisoners in custody. Indigenous courts are one method in which the Western Australian government is attempting to remedy this imbalance.〔Speech Chief Justice Martin http://www.supremecourt.wa.gov.au/publications/pdf/JCA_Colloquium_Customary_Law_05102007.pdf〕 The involvement of indigenous Australians in the criminal court system has been trialled a number of times in Western Australia. The earliest is perhaps in 1930 when the State government established the Court of Native Affairs. This court dealt exclusively with criminal offences between Australian Aboriginal people against other Australian Aboriginal people. The court ceased to operate in 1954 and was criticised for removing important legal rights for Aboriginal defendants. Defendants were dealt with under tribal law rather than the general criminal law, and probably received sentences more severe than if dealt with under the general law.〔p144 WALRC Discussion Paper〕 Another area of indigenous involvement was in the 1970s in the Kimberley region where magistrates informally invited Aboriginal Elders to sit with them when dealing with aboriginal offenders. More recently, magistrates have informally held what was called the “Wiluna Aboriginal Court” in 2001 and also the “Yandeyarra Circle Court” in 2003.〔Discussion paper p147〕 The establishment of the current Aboriginal Community Court is a recognition of the benefits of “circle sentencing”. These were local initiatives by presiding stipendiary magistrates and did not reflect a whole of government approach.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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