A new report has called for an overhaul of the way Indigenous people are dealt with in the judiciary sentencing process.

Key points: Pre-sentence report drafting described as 'an exercise in box-ticking'

Pre-sentence report drafting described as 'an exercise in box-ticking' Current system based on 'white people making a judgement about an Aboriginal persons background'

Current system based on 'white people making a judgement about an Aboriginal persons background' Mr Nicholson says he is concerned Aboriginal people are being sentenced in an unfair manner

One of the members of the judiciary interviewed for the report — a retired District Court judge — made explosive claims of racism in the judiciary, alleging some magistrates sitting in country towns believe Aboriginal people were "hopeless", and were delivering unfair rulings.

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It comes as sitting NSW magistrate David Degnan faces the possibility of bias claims after calling a Sydney talkback radio station.

"This thing about Aboriginals in custody, they're committing the offences, that's why they're in custody," he said.

Mr Degnan's comments have opened up a debate in legal circles over Indigenous sentencing.

The new report has backed concerns about the sentencing habits of local magistrates, particularly the nature of pre-sentence reports.

Pre-sentence reports are prepared to help local courts decide what kind of punishment minor offenders should get and their prospects for rehabilitation.

University of Technology Sydney Associate Professor Thalia Anthony was the lead author of the report, which described pre-sentence report drafting as "an exercise in box-ticking".

She said the current system was based on "white people making a judgement about an Aboriginal person's background".

"It is not about things that are known particularly by Indigenous community members," she said.

"So things like what nation, Indigenous nation the person belongs to, what relationships in that nation might be relevant to the individual, what the individual contributes to that community."

Associate Professor Anthony said the best approach would be to have information provided by Indigenous community experts on the offender.

Pre-sentence reports 'shallow and cliched'

John Nicholson, a retired NSW District Court judge who was one of six members of the judiciary interviewed for the report, said pre-sentence reports were shallow and cliched.

Mr Nicholson said he was concerned that Aboriginal people were being sentenced in an unfair manner.

"But there is certainly harsher sentencing coming out of some remote courts," he said.

"It is easy to lose sight of the fact that sentencing should be individual and one tends to think, 'oh yeah I know all of those people that come from that community and really they're hopeless'.

"The best thing to do with this person is to put him in jail and sort him out a bit.

"I think that is a factor that comes out in some of the sentencing that is going on, not just in the bush incidentally, but in places where there are high Aboriginal populations."