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. This guide explains what these provisions are, how they work in practice, and what options are available — including community justice group involvement and the Murri Court in Cairns.
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 the effect of systemic disadvantage and intergenerational trauma on the offender. This is a standalone requirement. It applies regardless of whether a community justice group makes submissions. It means your lawyer can raise cultural background, the ongoing effects of colonisation, displacement, removal from family, and other systemic factors as relevant sentencing considerations — and the court must take them into account. 2. Community Justice Group Submissions — Section 9(2)(p) The court must also have regard to any submissions made by a representative of the community justice group in your community that are relevant to sentencing. These submissions can cover: Your relationship to your community Cultural considerations, including the effect of systemic disadvantage and intergenerational trauma Programs and services available in your community that the community justice group participates in Community justice group submissions give the court direct insight into your cultural and personal circumstances from people who know you and your community. They are often highly influential. What This Means in Practice These provisions mean that when a court is deciding what sentence to impose, it does not just look at the offence and your criminal history in isolation. It must consider the broader context — including factors like: Connection to country and community The impact of family separation, including the Stolen Generations Intergenerational trauma and its effects on your life Systemic disadvantage — in housing, education, employment, health Whether culturally appropriate programs or support services are available A good defence lawyer will ensure these matters are properly raised and supported by evidence — whether through community justice group submissions, reports, or other material placed before the court.
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 urban, rural, and remote areas. What Do They Do? Community justice groups have a range of functions under the law: Court submissions. They can make submissions to the court about your cultural background, your connection to community, and the services and programs available to support you. These submissions are formally recognised in sentencing, bail, and youth justice legislation Murri Court involvement. They are central to the Murri Court process — assessing suitability, supporting defendants, and providing reports to the magistrate Support and referral. They can connect you with culturally appropriate services — counselling, rehabilitation programs, men's and women's groups, housing, employment support Bail support. They can make submissions in bail applications about your ties to community and the programs available to you Victim support. They provide assistance to Aboriginal and Torres Strait Islander victims of crime at all stages of the legal process Who Can Be a Community Justice Group? Under the Penalties and Sentences Act 1992 , a community justice group can be: A community justice group formally established under the 1984 Act for your community A community group (not a government department) involved in providing information to courts about Aboriginal or Torres Strait Islander offenders, or running diversionary, rehabilitation, or local justice activities A group of Elders or other respected persons from your community The definition is deliberately broad. Your community does not have to be a remote or DOGIT community — it can be an urban, rural, or regional community.
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? Murri Court sits in the same courtroom as regular Magistrates Court matters. The magistrate presides from the bench in the usual way. What is different is the process, not the furniture: Elders and respected persons from the community are present in court and provide cultural context and guidance to the magistrate about the defendant's background, community, and circumstances The community justice group assesses the defendant, connects them with support services, and provides detailed reports to the court The defendant has time — usually about three months — to engage with services, make changes, and demonstrate commitment to addressing their offending The process involves more direct engagement between the court, the Elders, and the defendant than a standard mention or sentencing, but it is not a soft option . Defendants are expected to work hard to make genuine changes Who Can Go to Murri Court? You may be eligible for Murri Court if you meet all of the following criteria: You identify as an Aboriginal and/or Torres Strait Islander person, or have a kinship or appropriate connection to an Aboriginal or Torres Strait Islander community Your charges can be dealt with in the Magistrates Court or Childrens Court — the offences must be within that jurisdiction You plead guilty or intend to plead guilty You are on bail You consent to participate fully in the Murri Court process How to Get to Murri Court The process works like this: Talk to your lawyer — they will help you complete the eligibility assessment form and submit it to the court The form goes to the magistrate. If the magistrate agrees you are eligible, your matter is referred to the Murri Court list The community justice group meets with you — to discuss your culture, family, health, offending, and what changes you want to make. They prepare an entry report for the court If accepted, your matter is adjourned. You are given time — usually about three months — to work with support services on addressing the issues that contributed to your offending During the adjournment, you appear in court periodically for progress mentions. The magistrate checks your progress and the community justice group reports on your engagement with services Before sentencing, the community justice group prepares a sentence report covering your progress, your plans, and your cultural and personal circumstances Sentencing. The magistrate considers the sentence report, the community justice group's submissions, and any other relevant material, and sentences you. Elders may be present and may address the court Where Are the Murri Courts? Murri Courts operate in the Magistrates and Childrens Courts at the following 15 locations: Brisbane, Caboolture, Cairns , Cherbourg, Cleveland Ipswich, Mackay, Maroochydore, Mount Isa, Richlands Rockhampton, St George, Toowoomba, Townsville, Wynnum If your matter is in a court that does not have a Murri Court, you may still be able to have community justice group submissions considered under the standard sentencing provisions.
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 Strait Islander person — any submissions made by a representative of the community justice group in the defendant's community. These submissions can include: The defendant's relationship to their community Cultural considerations Programs and services in which the community justice group participates This means that when your lawyer is arguing for bail, they can ask the community justice group to make submissions about your ties to community, your cultural obligations, and the support services available to you. These are relevant to the court's assessment of whether you are a flight risk or a risk to the community. Why This Matters for Bail Bail conditions that seem straightforward for one person can be unreasonable or impractical for another — particularly when cultural obligations, kinship responsibilities, and the realities of remote or regional living are not understood by the court. Community justice group submissions help the court understand these factors so that bail conditions are culturally appropriate and workable. For example, a residential bail condition might not account for a person's obligation to attend a funeral in a distant community. A curfew might conflict with cultural or family responsibilities. Community justice group input helps the court avoid setting conditions that are bound to be breached — not because of any intention to offend, but because of a disconnect between the conditions and the person's actual circumstances.
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 reintegrate them into the community. This principle shapes the entire Act. Cautions and Respected Persons — Section 17 If a caution is to be given to a child who is a member of an Aboriginal or Torres Strait Islander community, the authorised officer must consider whether there is a respected person of the community available and willing to administer the caution. If there is, the officer must ask that person to do it. This recognises that a caution given by someone from the young person's own community — an Elder or respected person — carries more weight and meaning than a caution delivered by a police officer or court official. Sentencing — Cultural Considerations and Community Justice Group Submissions The Youth Justice Act contains two sentencing provisions that mirror the adult sentencing provisions under the Penalties and Sentences Act : Section 150(3)(ha) — if the child is Aboriginal or Torres Strait Islander, the court must have regard to any cultural considerations, including the effect of systemic disadvantage and intergenerational trauma on the child. This is a standalone requirement — it applies regardless of whether a community justice group is involved Section 150(3)(i) — the court must have regard to any submissions made by a representative of the community justice group in the child's community, including the child's connection to community, cultural considerations, and relevant programs and services Murri Court for Young People The Murri Court process is available in the Childrens Court as well as the Magistrates Court. Young people who meet the eligibility criteria can be referred to Murri Court in the same way as adults — with appropriate adaptations for their age and circumstances.
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 means: The same lawyer, every time. The person who handles your file should be the same person who appears for you in court — at every mention, every progress check, and at sentencing. They should know your case, your circumstances, and your instructions without having to read the file for the first time on the morning of your court date Direct communication. You should be able to call or text your lawyer directly when you have questions — not leave a message and hope someone calls back Proper preparation. Cultural considerations and community justice group submissions take time to prepare well. Your lawyer needs to coordinate with the community justice group in advance, gather supporting material, and build the strongest possible case for your sentence. That does not happen if your lawyer is overloaded Availability. If something changes in your matter — a new charge, a bail issue, a missed appointment — your lawyer should be able to respond quickly, not weeks later Private representation costs money — but payment plans can make it accessible, and the investment is in having someone focused on getting the best outcome for you.
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 whether Murri Court, community justice group submissions, or other culturally appropriate pathways are available for your specific charges. No legal jargon — plain language you can understand Coordinate with the community justice group — to arrange for submissions to be prepared and presented to the court. Sacha will work with the community justice group well in advance of your sentencing date, not the morning of Build the cultural considerations case properly — gathering evidence of the systemic, cultural, and personal factors relevant to your sentence, and presenting them in a way that maximises their impact Represent you in Murri Court — from the initial referral through the adjournment period and final sentencing, with regular contact throughout Argue bail applications — using the community justice group provisions and cultural considerations to support your release on appropriate conditions Be available when you need her — call or text directly on 0425 429 458 . No switchboard, no message system, no waiting for a callback that does not come Civic Law offers transparent, fixed-fee pricing wherever possible — so you know the cost upfront, not after the fact. Payment plans are available and can be arranged before your matter starts. If you need legal help, call 0425 429 458 or complete the enquiry form below.
Frequently Asked Questions
Do I have to identify as Aboriginal or Torres Strait Islander to use these provisions?
Yes. The cultural consideration provisions under the Penalties and Sentences Act , the Bail Act , and the Youth Justice Act specifically apply to people who are Aboriginal or Torres Strait Islander. Identification is by self-identification — the court does not require a certificate or formal proof, though connection to community is relevant.
Can I go to Murri Court for any charge?
No. Murri Court is available for charges that can be dealt with in the Magistrates Court or Childrens Court. If your charges are indictable-only — meaning they must be heard in the District or Supreme Court — Murri Court is not available. However, community justice group submissions can still be made at sentencing in the higher courts under section 9(2)(p) of the Penalties and Sentences Act .
Do I have to plead guilty to go to Murri Court?
Yes. You must plead guilty or intend to plead guilty. Murri Court is a sentencing process — it is designed for people who accept responsibility for the offence and want to demonstrate their commitment to addressing the causes of their offending.
Can I use a private lawyer in Murri Court?
Yes. You can be represented by any lawyer you choose. The choice of lawyer does not affect your eligibility for Murri Court.
What if there is no community justice group in my area?
The definition of community justice group under the Penalties and Sentences Act is broad. It includes formal groups established under the 1984 Act, but also any community group involved in local justice issues, or a group of Elders or respected persons from your community. Your lawyer can help identify the appropriate group — and the cultural considerations under section 9(2)(oa) apply regardless of whether a community justice group makes submissions.
Is Murri Court a softer sentence?
No. Murri Court is not a soft option. The same sentencing law applies. The magistrate considers the same factors and has the same range of sentencing options. What is different is the process — you are expected to engage with support services, make genuine changes, and demonstrate commitment over a period of about three months. The Elders and community justice group hold you accountable. Many people find this harder than a standard court appearance.
Can community justice group submissions help if I am not going to Murri Court?
Yes. Community justice group submissions are available at sentencing in any Queensland court — not just Murri Court. If you are being sentenced in a standard Magistrates Court, District Court, or Supreme Court, your lawyer can arrange for a community justice group representative to provide submissions under section 9(2)(p).
What should I look for in a lawyer for my matter?
Look for a criminal lawyer who understands the cultural provisions under the Penalties and Sentences Act , has experience coordinating with community justice groups, and will give your matter the time and preparation it deserves. Continuity matters — the same lawyer should handle your file from start to finish. You should be able to contact them directly and get a timely response.