Meeting the timetable set out in a Practice Direction for the service of briefs continues to be a challenge, and the rate of compliance was again well under target during the reporting period. Certainly, the Office is dependent upon the AFP to provide material in a timely manner, and this is part of the explanation for why timetables are not met. Individual magistrates sometimes shorten the period for compliance, which places additional burdens on the Office and the AFP. However, the main reason for not meeting targets lies in the enormous burden on resources required to service the Supreme Court practice this year, which, as detailed elsewhere, is at record levels.

Childrens Court

The Court remains busy, although as with the Magistrates Court, numbers were down compared to last year. During the reporting period some 256 summary matters were concluded (with 218 being proved).

Restorative Justice

Restorative Justice (RJ) is a process established by the Crimes (Restorative Justice) Act 2004. The process provides an opportunity for young offenders and victims to discuss in conference the harm caused by an offence and to work towards repairing that harm. Participation in RJ is voluntary, and designed to work alongside other criminal justice processes.

RJ is only available in the Childrens Court and only applies to those offences that can be dealt with summarily, and do not involve family or sexual violence. RJ aims to provide the victim with an opportunity to express how an offence has affected them, while offering a young offender an opportunity to accept responsibility for their actions and repair the harm that their actions have caused. While RJ is a proper sentencing consideration for the court, successful completion of the RJ process or agreement will not necessarily result in a discontinuation of the prosecution.

This Office is very supportive of the RJ process. The DPP is one of six entities - including the court itself - that have the power to refer matters for RJ at various stages of the criminal process. The Office refers eligible matters to RJ where a prosecutor has formed the opinion that the objects of the Act would be served by such a referral, and in particular that the victim may benefit from the process.

Galambany Court

A Circle Sentencing Court (the Circle), available for certain Aboriginal or Torres Strait Islander offenders, commenced operation in 2004. It was originally regulated under a practice direction of the Magistrates Court, but since the commencement of the Courts Legislation Amendment Act 2011, it is known as the Galambany Court and is provided for in Chapter 4C of the Magistrates Court Act 1930.

Galambany means ‘we all, including you’ and is intended to reflect the inclusive nature of the Court. The Circle aims to:

• reduce barriers between Courts and the Aboriginal and Torres Strait Island communities;
• provide culturally relevant and effective sentencing options for indigenous offenders;
• involve Aboriginal and Torres Strait Islander communities in the sentencing process;
• provide offenders with support services that will assist them to overcome their offending behaviour;