Koori Court Flashcards
What is a recommended reform?
A number of reforms have been recommended by various bodies, institutions and individuals but have not yet been made.
What is the Koori Court?
The Koori Court is a specialized court that is used for sentencing Indigenous Australians that plead guilty to an offense depending on what court they are in. It is currently only available in the Magistrate’s, Children, and County Court in some locations. The following conditions must be met if the offender wants to be heard in the Koori court for sentencing:
- Must be an Indigenous Australian
- Offence must be within the court’s jurisdiction.
- Accused must consent.
- Accused must plead guilty or intend to
Who proposed the reform?
Aboriginal Justice Agreement, an agreement between the Victorian Government and the Aboriginal Community
What does the recommended reform do?
There is a continued call for more Koori Courts to be implemented in the County Courts where there are Koori Courts in the Magistrate’s Court
What factor will this reform address?
The issue in the criminal justice system that it is aiming to overcome is the ability for cultural differences to affect the principles of Justice. The Koori Court allows for the offender to have a comfortable sentencing where they can participate and understand the process.
What is the progress of this reform being put in place?
For this recommended reform the status of implementation is currently in progress. While there are new Koori Courts put in place, there is still a long way to go for Indigenous People to have easier access to the Koori Court.
How does this recommended reform uphold fairness?
By allowing Indigenous people to participate and understand the sentencing processes by adjusting to their cultural factors - allows them to be recognized and heard and have a fair sentencing process
How does this recommended reform not uphold fairness?
May be considered a negative to fairness as just to access the Koori Court, the accused may plead guilty.
How does recommended reform uphold equality
Addresses any disadvantages that Indigenous Australians might face in the sentencing process - misunderstandings, intimidation, cultural taboos.
How does this recommended reform not uphold equality?
Indigenous Australians still face disadvantages at contested hearings
How does this recommended reform uphold access?
Expansion to different areas enable greater access to the Koori Court
How does this recommended reform not uphold access?
Not a complete solution to access, as it is only a sentencing court, so it is not accessible to those who plead not guilty
