New judicial guidebook ‘Trauma’ guide for judges to go woke
The Australian The Australian
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 Published On Oct 9, 2024

Judges should be “trauma-informed” when dealing with Indigenous defendants and consider the “pervasive intergenerational effects of settler-colonialism” when presiding over them in court, a new 200-page guidebook endorsed by the country’s peak judicial body says.

In a clear indication of changing attitudes to how justice should best be achieved, the manual also includes a lengthy section encouraging judges working in specialist courts to consider aspects of the Islamic faith that offer “clear moral and ethical guidelines” when ruling on cases that involve Muslim ­defendants.

The manual, commissioned by the NSW judicial watchdog and endorsed by the Australasian Institute of Judicial Administration, explores the idea of “therapeutic jurisprudence” – which is a new approach to legal research with the goal of ­reforming the law so that it has a positive impact on the wellbeing of defendants.

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