County Koori Court judge in charge Scott Johns said the set up of the Koori Court saw offenders talking to two elders from their community in a more informal sort of court setting as part of their court appearance.
The judge listens to these discussions and it helps provide a deeper understanding of the individuals before the judge decides on the sentence, he said.
Shepparton was one of the first two Victorian courts to implement Koori Courts.
Koori Court started in the Magistrates’ Court in Shepparton and Broadmeadows in 2002.
It expanded to the County Court in 2008, with Shepparton again one of the initial locations.
Since then it has been expanded in the County Court to five other courts, two more are expected by next year.
Judge Johns said about 30 elders were involved in Koori Courts throughout the state, with more having just gone through the training process.
He said the elders who were involved in Koori Court were all highly respected and credentialed leaders in their local communities.
“That gives power to the sentencing discussion,” Judge Johns said.
“I’ve not seen one (case) where the offenders are not respectful with dealing with and engaging with the elders.”
Judge Johns stressed that while the process was different from mainstream court, the same laws and sentencing procedures applied in Koori Court.
“People are not electing to come to Koori Court because it’s a softer process,” he said.
“They come to the process because it’s more culturally appropriate and safe.
“They want to engage in a process where they feel their story can be told.”
The court allows offenders to speak, as well as their families and victims.
Judge Johns said Koori Court came about in recognition of historic disadvantage for First Nations people and was a way to address the over-representation of First Nations people in court.
“We see Aboriginal people ... who have significant trauma, often are disadvantaged, there’s often early exposure to drugs, alcohol and family violence, and they have exposure to the child services system,” Judge Johns said.
However, he also noted that the vast majority of First Nations people in Victoria haven’t encountered the criminal justice system in Victoria.
Judge Johns said the First Nations community was widely involved in setting up the Koori Court, rather than it being set up by judges and lawyers.
He said there were anecdotal reports that Koori Court helped reduce recidivism among offenders.
An early review of Magistrates Koori Court found lower rates of reoffending and fewer breaches of bail, while a County Koori Court review found improvement in recidivism and compliance with orders.
The County Koori Court can deal with all County Court issues where a person has pleaded guilty, except sex offences and family violence offences.
* Local residents can learn about the Koori Court in a session at Goulburn Valley Libraries’ Shepparton branch at 6pm on May 19 as part of Law Week activities.
Guest speakers County Koori Court’s co-ordinator Terrie Stewart and senior Koori support officer Shirley Annesley will speak about the establishment of the court, the importance of elders and respected persons, court proceedings, involvement of the Koori community and the expectations of defendants.
Everyone is welcome. Bookings are preferred and can be made by emailing shepparton@gvrlc.vic.gov.au, phoning 1300 374 765, or booking in person at the Shepparton library at 41-43 Marungi St, Shepparton.
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