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Applying Therapeutic Jurisprudence in Regional Areas: The Western Australian Experience

Author: Michael S King SM, BJuris, LLB(Hons), MA, PhD
Stipendiary Magistrate, Magistrates Court, Geraldton, Western Australia
Subjects: Courts Australia (Other articles)
Criminal law (Other articles)
Preventive law
Restorative Justice (Other articles)
Issue: Volume 10, Number 2 (June 2003)
Category: Refereed Articles

Abstract

A principal application of therapeutic jurisprudence has been problem-solving courts such as "drug courts" that are generally located in metropolitan areas and often supported by good budgets and community resources including rehabilitation programs. Although regional courts are often challenged by limited financial, court and community resources, they can have significant advantages over metropolitan courts in the application of a therapeutic, problem-solving approach to law. Some Western Australian regional magistrates have introduced innovative, care-based approaches to offender rehabilitation with minimal additional resources. Magistrates in areas with a large Aboriginal population are using court processes and sentencing options designed according to local need. These courts promote offender wellbeing and rehabilitation and uphold local culture and communities. Critical to their success has been the courts’ incorporation of local communities and law-related agencies in the development and implementation of these approaches.

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