Circuit
Koori women are dealt with by the Magistrates'
Court.
sentence the offender as appropriate. In addition,
the Magistrates' Court has specific functions
relating to bail. The Magistrates' Court has also
developed preventative and therapeutic responses
to achieve better justice outcomes.
Aboriginality as a factor that must be considered
when making a determination for bail.
arising from the accused's Aboriginality, including
cultural background, ties to family place and any
other relevant cultural issues or obligations relating
to that person.
such as an obligation to attend a community
funeral or participate in community cultural
activities when imposing conditions of bail.
Aboriginality into account, it does not require the
decision-maker to reach a particular decision. The
test for granting bail remains unchanged, that is
unacceptable risk.
In 2010-11, 95 Koori females were sentenced by the
Magistrates' Court, while six were sentenced by the
higher courts. Information provided to the Commission
by Sentencing Advisory Council on 1 February 2013.
Paper prepared by Deputy Chief Magistrate Jelena
Popovic for the purposes of the JCV Bail Act Twilight on
2 December 2010.
Statement of Compatibility, Bail Amendment Bill 2010
(Vic) [3495].
Parliament was responding to the fact that Koori
offenders are over-represented on remand and
face unique disadvantages in their contact with the
criminal justice system.
achieved by treating everyone
equally, and that affirmative action
or positive discrimination may be
necessary to achieve equality for
some groups in the community. As the
purpose of section 3A is to recognise
historical disadvantage, which has
led to the overrepresentation of
Aboriginal people on remand, in
accordance with section 8(4) of the
Charter, it constitutes permissible
discrimination.
Aboriginal persons protected by the section 19(2)
of the Charter because it requires a decision-
maker to take into account any issues that arise
due to the Aboriginality of an accused, which
may, include participation in cultural events or
ceremonies.
understands that section 3A is under-utilised. We
further understand that while information about the
amendments was circulated to Bail Justices and the
Magistrates' Court, until very recently no specific
guidance had been made available, which has
inhibited the capacity of the section to do its work.
Explanatory Memorandum, Bail Amendment Bill 2010 (Vic).
Statement of Compatibility, Bail Amendment Bill 2010
(Vic) [3495].