25 September 2023

Human rights visits jail numbers

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The Australian Law Reform Commission (ALRC) has published a new report on the incarceration rates of Aboriginal and Torres Strait Islander People in Australia.

The report finds that Aboriginal and Torres Strait Islander males are 14 times more likely than the rest of the population to be imprisoned and 21 times if a female.

The ALRC report, Pathways to Justice, which has been tabled in Parliament, looks into the laws and legal frameworks that contribute to the rates of incarceration of Aboriginal and Torres Strait Islander peoples and also at what leads to them being held in custody.

The report makes 35 recommendations, including the promotion of equality before the law for Aboriginal and Torres Strait Islander peoples; fairer enforcement of the law; ensuring Aboriginal and Torres Strait Islander leadership and participation in the development and delivery of strategies and programs; and a reduction of recidivism through the provision of effective diversion, support and rehabilitation programs.

It also recommends alternatives to imprisonment that would be appropriate to an offence and an offender’s circumstances, and the redirection of resources from incarceration to prevention.

ALRC Commissioner in charge of the Inquiry, Judge Matthew Myers said that while the problems leading to the over-representation of Aboriginal and Torres Strait Islander peoples in prisons were complex, they could be solved.

“Law reform is an important part of that solution,” Judge Myers said.

His report includes findings from 11 months of research, 149 national consultations and more than 120 submissions.

The 528-page report can be accessed on the ALRC website at this PS News link and a 46-page summary report at this link.

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