What is circle sentencing?

Aboriginal People are overrepresented in Australian jails. In 2006 (and still in 2008) 80% of the Northern Territory prison population was Indigenous. In addition, Aboriginal people in custody are often dying from treatable diseases like diabetes and heart disease.

A scheme which is called “Circle Sentencing” in NSW, tries to avoid gaol time for Aboriginal offenders. The term 'circle sentencing' stems from a circle of representatives sitting together and trying to decide a sentence that does not include a jail term.

Representatives are mainly Aboriginal Elders, but also members of the prosecution or police and a magistrate. The circle will also talk about the background and effects of the offence and can involve meeting the victim. The sentence should, where possible, involve community work.

Circle sentencing is an idea, which in 2002 spread to Australia from northern Canada where the procedure was resurrected in 1991 from traditional sanctioning and healing practices.

http://www.creativespirits.info/aboriginalculture/law/circle-sentencing.html