When the Brisbane Murri Elders approached her with a proposal, Chief Magistrate Diane Fingleton made it her mission to address this challenge. Together, they developed the Brisbane Murri Court, which launched in 2000.
Reconnecting defendants to family, culture and community
"The aims of the Murri Court include reconnecting Indigenous defendants to family, culture and community," explained Magistrate Tina Previtera, who regularly sits at the Murri Court. Magistrate Previtera recently led a Meet the Magistrates; session at the Murri Court alongside Murri elders.
“The hope is that by doing so, defendants will be supported in the issues endemic to Indigenous communities, resulting in a decrease in offending behavior and a decrease in the incarceration rates of Indigenous persons,” said Magistrate Previtera.
The Murri Court was initially located in the arrest court complex at Roma Street, but demand and increasing numbers led to its relocation to the Brisbane Magistrates Court building.
Taking trauma into account
“The Murri Court works by providing Indigenous defendants who plead guilty to be sentenced in a culturally appropriate way,” Magistrate Previtera explained. “The Sentencing Court is provided with information from the defendants, their families, their community members and their Elders. Such information might not otherwise be available in a mainstream system which will not include recourse to such information.
“The Murri Court takes into account the history and background of a defendant’s tribal clan as it affects the defendant and his or her family,” said Magistrate Previtera. This includes the effects of any discrimination, trauma, grief or loss suffered by being a part of the Stolen Generation or being related to members of the Stolen Generation.
This information is gathered by Elders and shared with the Court, usually in a written form.
“As Indigenous defendants progress through the Court, the Elders will provide additional information to as to how the defendant is responding to the process,” said Magistrate Previtera. “The Elders will speak directly with the defendants both in and out of the Court process and be involved in supporting and providing culturally appropriate information to defendants about the court process. Elders do not determine the sentence to be imposed but can suggest the types of support which should be provided to the defendant. This occurs at the beginning of the process, throughout the process and at sentence.”
Prioritising rehabilitation over punishment
It is an unusually collaborate process which directly accounts for the defendant’s unique cultural needs and experiences.
“The Magistrate is the decision maker so far as the sentencing dispositions are concerned,” noted Magistrate Previtera.
Prior to sentencing, the Magistrate will case manage each defendant throughout their time in the Murri Court. This is a process that might range from three months – involving two to three appearances – to over twelve months.
A longer period may be required if the Magistrate considers the defendant to be not yet stable enough to be sentenced, owing to issues with grief, loss, addiction or health.
Bail conditions will be informed by a report from the Elders, submitted at the start of a defendant’s time in the Murri Court. When setting conditions for bail, a preference is made for supportive, rehabilitative conditions over punitive conditions. From a therapeutic perspective, this might involve counselling or yarning circles.
Magistrate Previtera praised the College of Law’s Judicial Series for shedding light on the work of the Murri Court.
“It will hopefully make people appreciate that ‘special’ actually equates to ‘equal’ so far as the Court’s treatment of Indigenous defendants through this particular Court process is concerned,” said Magistrate Previtera. “The court provides holistic support to deal with issues affecting the Indigenous community, including those that result from colonisation, government policies and transgenerational trauma.”
