Administering harm: The treatment of trans people in Australian criminal courts

Abstract

This paper argues that the administration of criminal law by Australian courts causes compounding harm to trans people. The harm is maintained by court forms that limit gender identification and by judicial officers who use inappropriate language in judgments. The paper proposes three transformations to disrupt these harms: reviewing and amending forms, educating court staff and judicial officers, and implementing additional supports for trans people. <br><br> <ul> <li>The paper highlights the compounding harm caused by court forms and judicial language in Australian criminal courts.</li> <li>It identifies the need for court staff and judicial officers to be educated on trans matters.</li> <li>The paper proposes transformative measures to mitigate harm, including the review of court forms and the implementation of additional supports for trans people.</li> </ul>