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The NSW Bureau of Crime Statistics and Research has recently released a report - Does circle sentencing reduce Aboriginal
offending?
The evaluation found that Circle sentencing does not reduce the risk
of re-offending by Aboriginal offenders. The authors argue that a different approach to sentencing is not enough to support offenders to deal with the factors in their lives that contribute to their criminal behaviours - especially drug and alcohol abuse.
Circle sentencing is an alternative method
of sentencing Aboriginal offenders that involves the offender’s community
in the sentencing process.
The Bureau's study examined three issues:
- Whether circle sentencing reduces the frequency
of offending
- Whether circle sentencing increases the time
between offences
- Whether circle sentencing reduces the seriousness
of any further offending
After adjustment for various factors (e.g.
offence, prior record, number of concurrent offences), no difference in
time to the next offence was found between Aboriginal offenders who were
circle sentenced and a control group who were not circle sentenced.
There was also no difference found between
circle sentence participants and a control group in terms of the proportion whose next offence (after sentencing)
was less serious than the offence which led to the circle sentence or previous conviction).
Director of the Bureau, Dr Don Weatherburn, argues that Circle Sentencing should be strengthened
rather than abandoned.
“Giving Aboriginal Elders direct involvement
in the sentencing of Aboriginal offenders encourages offenders to critically
reflect upon their behaviour ... Personal reflection on its own, however,
is not enough to reduce the risk of re-offending. Offenders also need to
be given opportunities to address the factors that get them involved in
crime, particularly drug and alcohol abuse.”
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