Aboriginal & Torres Strait Islander People and the Criminal Justice System
If you are an Aboriginal or Torres Strait Islander person facing criminal charges in Queensland, the law requires the court to consider your cultural background when making decisions about your case — at sentencing, at bail, and in youth justice proceedings. These are not optional. They are legal obligations written into the Penalties and Sentences Act 1992 , the Bail Act 1980 , and the Youth Justice Act 1992 . They exist because the justice system recognises that cultural context, systemic disadvantage, and intergenerational trauma are relevant to how a person should be treated by the courts.…
Cultural Considerations in Sentencing
When sentencing an Aboriginal or Torres Strait Islander person, a Queensland court must take into account specific cultural factors. This is not discretionary — it is a legal requirement under section 9(2) of the Penalties and Sentences Act 1992 . There are two separate obligations: 1. Cultural Considerations — Section 9(2)(oa) The court must have regard to any cultural considerations , including…
Community Justice Groups
Community justice groups are groups of Elders, Traditional Owners, and respected community members who support Aboriginal and Torres Strait Islander people through the criminal justice system. They are established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 and operate across Queensland — with close to 50 groups in communities including…
Murri Court
Murri Court is a specialist community court for sentencing Aboriginal and Torres Strait Islander people. It operates within the Magistrates Court system — the same law applies, the same magistrate presides — but the process is adapted to be more culturally appropriate and connected to community. Cairns has a Murri Court. It is one of 15 locations across Queensland. How Is Murri Court Different?…
Bail and Aboriginal & Torres Strait Islander Considerations
The cultural provisions are not limited to sentencing. The Bail Act 1980 includes a specific provision requiring the court to consider Aboriginal and Torres Strait Islander perspectives when deciding bail. Section 16(2)(e) — Bail Act 1980 When assessing whether there is an unacceptable risk that would justify refusing bail, the court must consider — if the defendant is an Aboriginal or Torres…
Young People — Youth Justice Provisions
The Youth Justice Act 1992 contains several specific provisions recognising the importance of Aboriginal and Torres Strait Islander communities in the youth justice system. Objects of the Act — Section 2(e) The Act's objects specifically recognise the importance of Aboriginal and Torres Strait Islander communities in providing services designed to rehabilitate children who commit offences and…
Choosing a Lawyer
You have the right to choose your own lawyer. The cultural provisions under the Penalties and Sentences Act , the Bail Act , and the Youth Justice Act can be raised by any criminal lawyer — they are not restricted to any particular legal service. What matters is that your lawyer understands these provisions, knows how to use them effectively, and has the time to prepare your matter properly. That…
How Civic Law Can Help
Sacha Sarah Smith is a criminal defence lawyer based in Cairns who appears regularly in the Cairns Magistrates Court and District Court — including matters where Aboriginal and Torres Strait Islander sentencing provisions apply. When you engage Civic Law, you get one lawyer who handles your matter from the first phone call to the final sentence. Sacha will: Explain your options clearly — including…