The framework for an "Australian-first" sentencing system to combat increasing Indigenous incarceration rates in Canberra has been revealed in documents released under freedom of information laws.
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Legal Aid ACT was commissioned by the ACT government in 2015 to propose a framework for alternative sentencing for Aboriginal Canberrans.
The documents reveal the alternative system, based on Canada’s Gladue reports, would see a sentencing judge provided with an individualised history of the offender's life. The report would allow courts to consider past trauma in an offender's life which may have affected their behaviour, including inter-generational trauma, substance abuse and mental health issues.
Under the proposed framework, an offender would need to consent to a report being prepared. It would only happen if they were found guilty of an offence and likely to face jail.
Legal Aid ACT stressed the amendment would not be a mechanism to reduce a sentence by virtue of race.
The reports would not recommend a sentence for the offender or pass opinion on how the court should treat them, but allow a judge to consider the offender's history and outline a rehabilitation program if granted release.
“[The reports] allow full consideration of the systemic disadvantage of Aboriginal or Torres Strait Islander people in Australia, their over-representation as offenders in the criminal justice system, and the orientation of the individual offender within that context,” the Legal Aid ACT proposal reads.
The framework strongly suggested the author be Indigenous, with staff from Winnunga Nimmityjah Aboriginal Health Service nominated as potentially the best suited. It would involve a series of interviews with the offender, their family and community members and require the offender to agree to a rehabilitation program tailored to their needs.
However, a trial for the proposed scheme is already two months behind schedule, with the government now expecting it to begin before the end of the year.
The government will set aside at least $50,000 from the Confiscated Assets Trust for the trial, according to the released documents.
"The trial is initially intended to provide reports for 10 - 15 offenders allowing approximately $4000 for each report," a ministerial brief reads.
A spokeswoman for ACT attorney general Gordon Ramsay said the government was considering setting aside more funding.
"The length of trial and number of participants is yet to be determined and will be considered in line with consultation," the spokeswoman said.
"The trial will be the first of its kind in Australia, and there are a range of issues to work through with stakeholders before commencing."
In released briefs, the justice directorate raised concerns about the timeline. The trial was set to start in May and conclude in June, with a final report by August.
A brief to Mr Ramsay recommended allowing the trial to continue to November with a final report by January next year.
About 20 per cent of Canberra's adult prison population is Indigenous, despite only making up about 1.5 per cent of the ACT's general population.
The reports have been dubbed Ngattai Reports - pronounced nartay - which means “listen” in the Ngunnawal language.
