Increase in Aboriginal Adults in Prison: Key Factors Revealed
Discover the reasons behind the rising number of Aboriginal adults in prison, including trends in prison volumes, legal processes, and sentencing proceedings. Explore the impact of factors such as COVID-19, sentencing reforms, and bail acts on the Aboriginal prison population.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.
E N D
Presentation Transcript
Why have the number of Aboriginal adults in prison increased? Jackie Fitzgerald BOCSAR
Aboriginal Adults in prison, March 2013 to March 2021 Aboriginal prisoners 25.7% of total 4000 Remand Total 3357 3500 Vo l u m e c h a n g e : U p 1 0 1 9 p e o p l e P e r c e n t a g e c h a n g e : U p 4 4 % 3000 2338 2500 N o n - A b o r i g i n a l p r i s o n e r s : U p 2 9 % 2000 Aboriginal prisoners 23.5% of total 1500 1000 500 0 Jul-13 Jul-14 Jul-15 Jul-16 Jul-17 Jul-18 Jul-19 Jul-20 Mar-13 Mar-14 Mar-15 Mar-16 Mar-17 Mar-18 Mar-19 Mar-20 Mar-21 Nov-13 Nov-14 Nov-15 Nov-16 Nov-17 Nov-18 Nov-19 Nov-20 2
What is causing the increase in Aboriginal Adults in prison? Trends in prison volumes Legal Remand rates & bail breaches Offence types Sentencing Proceedings . 3
What is causing the increase in Aboriginal Adults in prison? Trends in prison volumes Legal Remand rates & bail breaches Offence types Sentencing Proceedings . 4
Aboriginal Adults in prison, March 2013 to March 2021 4000 Remand Total 3357 3500 Vo l u m e c h a n g e : U p 1 0 1 9 p e o p l e P e r c e n t a g e c h a n g e : U p 4 4 % 3000 2338 2500 A p r i l 2 0 2 0 C o v i d 2000 J a n 2 0 1 5 S h o w c a u s e i n t r o d u c e d M a r 2 0 1 5 S e p 2 0 1 8 1500 S e n t e n c i n g r e f o r m s 1000 M a y 2 0 1 4 B a i l A c t 2 0 1 3 500 0 Jul-13 Jul-14 Jul-15 Jul-16 Jul-17 Jul-18 Jul-19 Jul-20 Mar-13 Mar-14 Mar-15 Mar-16 Mar-17 Mar-18 Mar-19 Mar-20 Mar-21 Nov-13 Nov-14 Nov-15 Nov-16 Nov-17 Nov-18 Nov-19 Nov-20 5
Aboriginal Adults in prison, March 2013 to March 2021 4000 Remand Sentenced Total 3357 3500 To t a l v o l u m e c h a n g e : U p 1 0 1 9 p e o p l e P e r c e n t a g e c h a n g e : U p 4 4 % 3000 2338 2500 S e n t e n c e d c h a n g e : U p 5 3 7 p e o p l e P e r c e n t a g e c h a n g e : U p 3 3 % 2000 2171 1500 1634 1186 R e m a n d c h a n g e : U p 4 8 2 p e o p l e P e r c e n t a g e c h a n g e : U p 6 8 % 1000 704 500 Drivers of total increase 0 Jul-13 Jul-14 Jul-15 Jul-16 Jul-17 Jul-18 Jul-19 Jul-20 Mar-13 Mar-14 Mar-15 Mar-16 Mar-17 Mar-18 Mar-19 Mar-20 Mar-21 Nov-13 Nov-14 Nov-15 Nov-16 Nov-17 Nov-18 Nov-19 Nov-20 Remand 47% Sentenced 53% Aboriginal prison population increased 44% in the 8 years to March 2021 Both the remand and sentenced populations increased 6 Remand population increased faster (up 68% versus 33% for sentenced prisoners)
What is causing the increase in Aboriginal Adults in prison? Trends in prison volumes Legal Remand rates & bail breaches Offence types Sentencing Proceedings . Up 44% since 2013 Similar % for women & men Up 1,019 people Remand 68% Sentenced 33% 7
Aboriginal Adults in prison by offence Remand custody population, March 2021 Total = 1,186
Aboriginal Adults in prison by offence Increase in remand custody, Mar 13 to Mar 21, Up 68% or 482 people Remand custody population, March 2021 Total = 1,186 Assault 258 Up 125% Sexual offences 73, Up 187% Intimidation 54, Up 245% Deal traffic illicit drugs 36, Up 109% Murder 24, Up 120% Break and enter 15 Dangerous/negligent driving 13 Abduction and kidnapping 12 Weapons offences 11 Attempted murder, Manslaughter 11 Fraud 11 Theft and related -10 Vi o l e n t o f f e n c e s = 6 4 % r e m a n d p o p D V = 3 2 % r e m a n d p o p
Aboriginal Adults in prison by offence Increase in remand custody, Mar 13 to Mar 21, Up 68% or 482 people Remand custody population, March 2021 Total = 1,186 Assault 258 Up 125% Sexual offences 73, Up 187% Intimidation 54, Up 245% Deal traffic illicit drugs 36, Up 109% Murder 24, Up 120% Break and enter 15 Dangerous/negligent driving 13 Abduction and kidnapping 12 Weapons offences 11 Attempted murder, Manslaughter 11 Fraud 11 Theft and related -10 V i o l e n t o f f e n c e s = 9 1 % o f t h e i n c r e a s e Vi o l e n t o f f e n c e s = 6 4 % r e m a n d p o p D V = 3 2 % r e m a n d p o p
Aboriginal Adults in prison by offence Sentenced custody population, March 2021 Total = 2,171
Aboriginal Adults in prison by offence Increase in sentenced custody, Mar 13 to Mar 21, Up 33% or 537 people Sentenced custody population, March 2021 Total = 2,171 201 Assault Up 56% Breach sentencing/parole order 111, Up 32% Sexual offences 97, 87% Intimidation 48, Up 160% Murder 41, Up 71% Deal, import, manufacture illicit drugs 41, Up 141% Dangerous/negligent driving 31, Up 61% Weapons offences 21 Abduction and kidnapping 17 Theft and related -10 Break and enter -31 Traffic -31 Violent offences= 47% sentenced prison pop DV= 19% sentenced prison pop
Aboriginal Adults in prison by offence Increase in sentenced custody, Mar 13 to Mar 21, Up 33% or 537 people Sentenced custody population, March 2021 Total = 2,171 201 Assault Up 56% Breach sentencing/parole order 111, Up 32% Sexual offences 97, Up 87% Intimidation 48, Up 160% Murder 41, Up 71% Deal, import, manufacture illicit drugs 41, Up 141% Dangerous/negligent driving 31, Up 61% Weapons offences 21 Abduction and kidnapping 17 Theft and related -10 Break and enter -31 Traffic -31 Violent offences= 47% sentenced prison pop DV= 19% sentenced prison pop Violent offences 75% of the increase
What is causing the increase in Aboriginal Adults in prison? Trends in prison volumes Legal Remand rates & bail breaches Offence types Sentencing Proceedings . In 2021, 53% of prisoners had a violent offence (vs 39% in 2013) Up 852 violent prisoners In 2021, 24% had a DV offence 91% of remand increase & 75% sentenced prisoner increase due to violent offences Up 44% since 2013 Similar % for women & men Up 1,019 people Remand 68% Sentenced 33% 14
Aboriginal Adult Court appearances Change from 2013 to 2020, key offences Aboriginal Adult Court appearances 35000 29263 Up 37% 2,637 appearances 28415 30000 7121 27899 27388 27000 Violence 25892 9758 23438 25000 22613 21416 20000 3742 Up 37% Traffic 1,389 appearances 5131 15000 10000 3460 Up 33% Theft (inc robbery) 1,144 appearances 4604 5000 0 Apr 2012 - Mar 2013 Apr 2013 - Mar 2014 Apr 2014 - Mar 2015 Apr 2015 - Mar 2016 Apr 2016 - Mar 2017 Apr 2017 - Mar 2018 Apr 2018 - Mar 2019 Apr 2019 - Mar 2020 Apr 2020 - Mar 2021 1729 Up 33% Illicit drugs 1,221 appearances 2950 0 2000 4000 6000 8000 10000 12000 Change in number of prison sentences: volume offences Apr 2012 - Mar 2013 Apr 2020 - Mar 2021 37% increase in court actions Large volume and % increase in violent offences and in particular Domestic Violence Up 79% 2,669 appearances
What is causing the increase in Aboriginal Adults in prison? Trends in prison volumes Legal Remand rates & bail breaches Offence types Sentencing Proceedings . 37% increase in court appearances since 2013 Up 7,847 app. 79% increase in DV court proceedings DV up 2,669 appearances In 2021, 53% of prisoners had a violent offence (vs 39% in 2013) Up 852 violent prisoners In 2021, 24% had a DV offence 91% of the remand increase & 75% sentenced prisoner increase due to violent offences Up 44% since 2013 Similar % for women & men Up 1,019 people Remand 68% Sentenced 33% 16
Bail Decisions & Bail breaches Rate of Bail refusal at first court appearance Bail breaches and bail revocations 29% 4000 27% 27% 3672 26% Bail breaches up 244% 25% 25% 3500 24% 25% 24% Breaches with bail revocation up 143% % bail refused 3066 22% 23% 3000 21% 21% 20% 2583 2500 19% 2157 17% 1902 2000 15% 1585 2012 2013 2014 2015 2016 2017 2018 2019 2020 1500 1066 Change from 2012 to 2020 1008 928 1000 % Aboriginal defendants bail refused at first appearance 19% 794 715 714 621 Aboriginal Adults refused bail by courts increased by 2,393 o Three quarters due to the increased volume of charges o A quarter is due to the increased remand rate 415 500 0 143% increase in bail revocations since 2014 due to increase in bail breaches established in court (Up 593 people) May 2014 to April 2015 May 2015 to April 2016 May 2016 to April 2017 May 2017 to April 2018 May 2018 to April 2019 May 2019 to April 2020 May 2020 to April 2021
What is causing the increase in Aboriginal Adults in prison? Trends in prison volumes Legal Remand rates & bail breaches Offence types Sentencing Proceedings . Increase in people on remand at first appearance A quarter of this is due to higher bail refusal rates Bail revocations up 143% (593 extra people) due to more bail breaches 37% increase in court appearances since 2013 Up 7,847 app. 79% increase in DV court proceedings DV up 2,669 app. In 2021, 53% of prisoners had a violent offence (vs 39% in 2013) Up 852 violent prisoners In 2021, 24% had a DV offence 91% of the remand increase & 75% sentenced prisoner increase due to violent offences Up 44% since 2013 Similar % for women & men Up 1,019 people Remand 68% Sentenced 33% 18
Factors influencing the Prison Population Custodial sentences - Aboriginal Adults Change from 2013 to 2020 Increase in custodial sentences mostly due to increased court volumes Aboriginal Adult Imprisonment rate Aboriginal Adults sentenced to custody 22% 6000 21% 21% 21% 21% 5245 5169 5111 20% 5096 20% 20% 4863 5000 20% 19% 4079 4037 4000 18% 3699 Stable 3000 16% 2000 14% 1000 12% 0 10% Apr 2012 - Mar 2013 Apr 2013 - Mar 2014 Apr 2014 - Mar 2015 Apr 2015 - Mar 2016 Apr 2016 - Mar 2017 Apr 2017 - Mar 2018 Apr 2018 - Mar 2019 Apr 2019 - Mar 2020 Apr 2012 - Mar 2013 Apr 2013 - Mar 2014 Apr 2014 - Mar 2015 Apr 2015 - Mar 2016 Apr 2016 - Mar 2017 Apr 2017 - Mar 2018 Apr 2018 - Mar 2019 Apr 2019 - Mar 2020
What is causing the increase in Aboriginal Adults in prison? Trends in prison volumes Legal Remand rates & bail breaches Offence types Sentencing Proceedings . Increase in people on remand at first appearance A quarter of this is due to higher bail refusal rates Bail revocations up 143% (593 extra people) due to more bail breaches 37% increase in court appearances since 2013 Up 7,847 app. 79% increase in DV court proceedings DV up 2,669 app. In 2021, 53% of prisoners had a violent offence (vs 39% in 2013) Up 852 violent prisoners In 2021, 24% had a DV offence 91% of the remand increase & 75% sentenced prisoner increase due to violent offences Increase in prison sentences mostly in line with increased offender volumes Up 44% since 2013 Similar % for women & men Up 1,019 people Remand 68% Sentenced 33% 20
Factors in the 44% increase in Aboriginal Adults in prison March 2013 to March 2021 Factors contributing to the increase in Aboriginal imprisonment Potential influences that haven t changed - Increase in legal actions - Up 37% - Time spent in custody - Increase in bail refusal - mostly to volume increase - But partially due to increased bail refusal rate (Up 19%) - Length of custodial sentences - Increase in bail revocations due to bail breaches (Up 143% or 593 people) - Incarceration rate - Increase in custodial sentences (Up 38% or 1,412 people annually) due mainly to increased volume of charges The contribution of violent offending Prisoners with a violent offence account for 84% of the total increase in the Aboriginal Adult prison pop, Up 852 Assault (DV and non-DV) Up 459 people or 55% of total Intimidation Up 98 people or 10% of total Sex offences Up 170 people or 17% of total Murder Up 65 people or 6% of total 21
Opportunities to reduce Aboriginal Adults in prison Find ways to reduce domestic violence in Aboriginal communities. Particularly ways that don t bring more offenders into the justice system Address underlying reasons for offending by Aboriginal people, especially violent offending. Eg Drug and alcohol use, financial stress, mental health Reduce the rate at which Aboriginal offenders are refused bail. Particularly, given Aboriginal people appear not to have the same access to bail Consider ways to reduce bail breaches, Eg: consider the number and nature of bail conditions Invest in promising strategies to reduce Aboriginal reoffending and imprisonment such as vocational training and Indigenous specific justice approaches 22
