A court may not consider customary law or cultural practices in certain bail applications where these excuse, justify, authorise, require or lessen the seriousness of the alleged criminal behaviour, or aggravate the seriousness of the alleged criminal behaviour [see Crimes Act 1914 (Cth) ss 15AB(1)(b)(i) and 15AB(1)(b)(ii)]. The bail authority must take into consideration the fact a person is from a remote community in considering the impact of granting bail on that person [see s 15AB(2)].

Cultural background is no longer a specified sentencing consideration, with the relevant considerations being the character, antecedents, age, means and physical or mental condition of the person [see Crimes Act 1914 (Cth) s 16A(2)(m)]. Customary law or cultural practices used to excuse, justify, authorise, require or lessen the seriousness of the alleged criminal behaviour, or aggravate the seriousness of the alleged criminal behaviour are not relevant factors in the sentencing process [see s 16A(2A)].

See the Sentencing chapter for information relating to the power of a sentencing court to discharge a matter without conviction. Cultural background is no longer a relevant consideration for the discharge of offenders without proceeding to a conviction [see Crimes Act 1914 (Cth) s 19B(1)(b)(i)]. Customary law or cultural practices used to excuse, justify, authorise, require or lessen the seriousness of the alleged criminal behaviour, or aggravate the seriousness of the alleged criminal behaviour are not relevant factors to be considered in determining the discharge of a matter [see s 19B(1A)].