Murri Courts
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Murri Courts are a specialist community court established for sentencing Aboriginal and Torres Strait Islander people in Queensland, Australia. First established in Brisbane in August 2002, more and more courts came to be established over the ten years that followed, aimed at supporting adult and young offenders. It was closed down in September 2012 briefly, as part of a cost-cutting exercise, and reopened in April 2016 under the Palaszczuk Government. At the time of writing, Murri Courts operate in 15 locations across Queensland.
The Nunga Court, established in South Australia in 1999, sought to address the over-representation of Indigenous people in prison and other Indigenous justice issues by involving the Aboriginal and Torres Strait Islander community in sentencing Indigenous offenders. After former Chief Magistrate of Queensland, Di Fingleton, learned about the Nunga courts, she invited the Deputy Chief Magistrate Brian Hine to observe and report back on the mechanism, aiming to develop a similar mechanism in Queensland (Parker & Pathé, 2006). Following Hine’s report, they met with members of the local Indigenous community and other relevant agencies to set up Murri Courts in Brisbane. The courts were then established with significant support from the GUMURRII Centre at Griffith University (Parker & Pathé, 2006).
The special courts incorporated Aboriginal customs and cultures, and included Elders in the sentencing process, as well as in providing aid and support in rehabilitating Indigenous offenders (The Queensland Times, 2012). Several Indigenous communities served as advisors to the children and magistrates’ courts across Queensland.
The courts are accessible by and available to all eligible offenders who plead guilty to an offence falling under the scope of the Magistrates Court of Queensland (Law Reform Commission of Western Australia, 2005). The magistrate, offender, and other community members all sit at the same level. An Elder sits beside the offender and advises the magistrate on a range of matters including both the procedure as well as a culturally appropriate sentence. Police Prosecutors do not wear uniforms. Offenders are invited to reconnect with their cultures and communities. The Elder offers the offender advice, as well, explaining the impact of their offending behaviour and the challenges it brings to their communities. The magistrate decides the final sentence in order to avoid the imposition of any family, community, or cultural pressure on the Elder (Tomaino, 2004).
The courts have been effective at engaging the Indigenous community in legal processes (Parker & Pathé, 2006) and in reducing rates of recidivism. The establishment of the Office of the Chief First Nations Justice Officers in May 2022 and a three-year government Reconciliation Action Plan were undertaken with the aim of reducing the over-representation of Indigenous communities in the prison system (Fentiman, 2022; Kiem, 2022).
References
Fentiman, S. (2022). "Queensland's Magistrates Court renews commitment to reconciliation". https://statements.qld.gov.au/statements/95152
Kiem, T. (2022). "Magistrates Court RAP aims to reduce First Nations overrepresentation." Proctor. https://www.qlsproctor.com.au/2022/05/magistrates-court-rap-aims-to-reduce-first-nations-overrepresentation/
Law Reform Commission of Western Australia (2005). Aboriginal Customary Laws. Project 94: Discussion Paper. https://www.wa.gov.au/system/files/2021-04/LRC-Project-094-Discussion-Paper.pdf
Parker, N. & Pathé, M. (2006). Report on the Review of the Murri Court. State of Queensland Department of Justice and Attorney-General. http://www.justice.qld.gov.au/files/Services/MurriCourtReport.pdf
The Queensland Times. (2012). Qld Government announces closure of Murri courts program for Indigenous offenders. https://healthinfonet.ecu.edu.au/about/news/1050/
Tomaino, J. (2004). Aboriginal (Nunga) Courts (PDF). Information Bulletin #59. Government of South Australia. Office of Crime Statistics and Research. https://www.indigenousjustice.gov.au/wp-content/uploads/mp/files/resources/files/aboriginal-nunga-courts-office-of-crime-statistics-and-research.v1.pdf
