Restorative Justice in the Northern Territory - The Future Is Looking Bright for a Pre-Sentence Conferencing Revolution
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RESTORATIVE JUSTICE IN THE NORTHERN TERRITORY -
THE FUTURE IS LOOKING BRIGHT FOR A PRE-SENTENCE
CONFERENCING REVOLUTION
Crystal Triggs and Jared Sharp*
I. INTRODUCTION
For many years, the Northern Territory (NT) of Aus-
tralia had a pre-sentence conferencing process in name only.
The Youth Justice Act sets out how pre-sentence conferencing is
to take place.' However, since the Act's introduction in 2005,
court-referred pre-sentence conferences have been rarely uti-
lised.2
* Crystal Triggs is the Managing Solicitor - Youth for the North Australian
Aboriginal Justice Agency (NAAJA) in the Northern Territory, Australia.
Jared Sharp is a former criminal lawyer and now General Manager - Northern
Territory, Jesuit Social Services.
1 Youth Justice Act 2017 (NT) pt 6 div 2 s 84 (Austl.) (providing:
(1) The Court may, when determining the appropriate sentence for a youth
who has been found guilty of an offence, adjourn the proceedings and
order the youth to participate in a pre-sentencing conference.
(2) A pre-sentencing conference may be with any of the victims of the of-
fence the youth is charged with, community representatives, members
of the youth's family or any other persons as the Court considers appro-
priate.
(3) The Court may:
(a) direct that the conference be convened at a specified time and place;
and
(b) appoint a person who is appropriately qualified as the convenor of
the conference.
(4) The convenor must report to the Court as to the outcome of the confer-
ence.).
2 Transcript of Proceedings, Royal Commission in the Child Protection and
Youth Detention Systems of the Northern Territory (May 9, 2017),
https://childdetentionnt.royalcommission.gov.au/NT-public-hearings/Docu-
ments/transcripts-2017/Transcript-9-May-2017.pdf [hereinafter Royal Com-
mission].](ViewImageLocal?handle=hein.journals/ijtherju3&div=12&collection=&method=preview&ext=.png&size=3)
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Restorative Justice in the Northern Territory - The Future Is Looking Bright for a Pre-Sentence Conferencing Revolution
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