Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 107
insert
In this Division:
"Aboriginal experience report", see section 107B.
"community court sentencing procedure" means the sentencing of an offender in accordance with this Division.
"Law and Justice Group", for a place, see section 107C.
(1) An Aboriginal experience report is a report that is prepared by members of a Law and Justice Group in respect of an offender and the offence.
(2) An Aboriginal experience report may contain the following information in respect of an offender and the offence:
(a) the personal circumstances and background of the offender and the offender's family;
(b) the family relationships of the offender;
(c) the employment status of the offender;
(d) the offender's health;
(e) the victim of the offence;
(f) the impact of the offending on the offender's community;
(g) the relationship between the offender and the offender's community, including cultural connection;
(h) the steps the offender has taken towards rehabilitation or restoration;
(i) general information or research about criminogenic factors.
(3) An Aboriginal experience report must be in a manner or form approved by the Chief Judge.
(1) The Minister may approve a place for which a Law and Justice Group may be established.
(2) The regulations may prescribe how a Law and Justice Group for a place is constituted.
(3) Without limiting subsection (2), the regulations may prescribe the following:
(a) how the members of a Law and Justice Group for a place are appointed;
(b) who appoints the members of a Law and Justice Group for a place.
(4) A Law and Justice Group for a place has functions under this or any other Act.
(1) An offender may apply to the Local Court for the Court to sentence the offender for an offence in accordance with the community court sentencing procedure if the offender:
(a) has pleaded guilty to an offence in the Local Court; and
(b) has agreed with the prosecutor to facts in relation to the offence and those facts have been given to the Court; and
(c) is Aboriginal.
(2) The application must specify a place:
(a) in the Territory for the sitting of the Court; and
(b) for which a Law and Justice Group is established.
(3) The Court may grant the application or refuse to grant the application.
(4) In deciding whether to grant the application or refuse to grant the application, the Court must have regard to:
(a) the offender's connection to the place specified in the application; and
(b) any other matter the Court considers relevant.
(1) If the Local Court grants an application under section 107D(3), the Court must:
(a) sit and hear the proceedings at the place specified in the offender's application; and
(b) impose the sentence on the offender at the place.
(2) Before imposing a sentence on the offender, the Court:
(a) must have regard to an Aboriginal experience report in relation to the offender and the offence; and
(b) may have regard to the responses given to any questions asked of the members of the Law and Justice Group who prepared the report as mentioned in subsection (4).
(3) The Court may adjourn the proceedings to enable the Aboriginal experience report to be prepared and may admit the offender to bail or remand the offender in custody.
(4) After receiving the Aboriginal experience report the Court may, in relation to the information contained in the report:
(a) ask questions of the members of the Law and Justice Group who prepared the Aboriginal experience report; and
(b) allow another person to ask questions of the members of the Law and Justice Group who prepared the Aboriginal experience report.
(5) The response given to a question asked under subsection (4) may be given in writing or orally.
(6) To avoid doubt, this section does not limit the matters the Court would ordinarily have regard to in imposing a sentence on the offender.
(1) The fact that information is contained in an Aboriginal experience report or a response given to a question asked under section 107E(4) does not constitute proof of the information.
(2) If section 104A applies to information contained in an Aboriginal experience report or a response given to a question asked under section 107E(4), the failure of a court to comply with section 104A in relation to the information does not invalidate the information.