210Additional sentencing principles for Aboriginal children

210 Additional sentencing principles for Aboriginal children

In addition to the other sentencing principles, a sentence imposed on an Aboriginal child should—

(a) support the social and emotional wellbeing of the child; and

(b) promote the healing of the child; and

(c) strengthen the child's connection to family, kin, community, culture, Country and Elders; and

(d) support the right of Aboriginal persons to self-determination by—

(i) providing the child with an opportunity to express their views; and

(ii) promoting the participation of the child and family, kin and Elders in the sentencing process; and

A submission made under section 221 in relation to the unique systemic and background factors affecting the child, for the purpose of assisting the Children's Court in determining what sentence to impose on the child, is an example of the way that the right of Aboriginal persons to self-determination may be supported.

(e) pay particular attention to the history, culture and circumstances of the child; and

(f) recognise that discriminatory systemic institutional and historical factors have resulted in Aboriginal children being over-represented in the criminal justice system, particularly in custody; and

(g) reflect the need to reduce inequality and the resultant over-representation of Aboriginal children in the criminal justice system.

Section 325(3)(e) requires the Children's Court to provide reasons outlining how it has had regard to the sentencing principles in this section if the Court imposes a custodial sentence on an Aboriginal child.