Indigenous incarceration rates are 'getting worse'

West Australian

20-05-2025

Indigenous incarceration rates in Australia's most populous state are getting worse, as new data raises questions about the number of people behind bars without being convicted.
The NSW prison population has been trending upwards following a sharp decline linked to the COVID-19 pandemic.
Indigenous prisoners made up almost a third of the custodial population in data released by the NSW Bureau of Crime Statistics and Research on Wednesday.
They accounted for 4244 of the 13,103 adults in the state's prisons in March.
The total prisoner population is the highest since 2020, approaching record highs.
But the number of Aboriginal people in custody is already at record highs, while the state government is trying to reduce the rate of Indigenous incarceration by at least 15 per cent by 2031.
The rate has increased since the target was set, exceeding 2188 per 100,000 people in December data from the Australian Bureau of Statistics.
BOCSAR executive director Jackie Fitzgerald told AAP the state has never had this many Indigenous people in custody before.
"The prison population trends for Aboriginal people are quite different to non-Aboriginal people," she said.
Indigenous inmates increased by 18.9 per cent since March 2020, while non-Indigenous inmates decreased 12.5 per cent.
Of Indigenous inmates in custody, 45 per cent were on remand, almost 2000 people.
"Those people aren't yet convicted of a crime, and many of them, even when convicted, won't be considered for a custodial penalty," Ms Fitzgerald said.
Attorney-General Michael Daley pointed to laws making it harder for people accused of serious domestic violence offences to be granted bail in June 2024.
These reversed the presumption of bail, requiring accused people to show why they should not be remanded rather than prosecutors arguing why they should be denied bail.
The changes were appropriate given unacceptable levels of domestic violence.
"Our tough new bail laws are necessary, and they are working," Mr Daley said.
But the prisoner population increase began to rise in earnest in November 2023.
"We've definitely had an increase in remand, and that precedes those legislative changes," Ms Fitzgerald said.
"The change commenced prior to the legislative reform."
Criminologist Eileen Baldry told AAP remand rates are increasing at a concerning level.
People on remand are in full-time custody in maximum security, with virtually no rehabilitative services.
"In part because there's no idea whether they're going to get out in one week, or one month, or one year," the UNSW emeritus professor said.
Inmates also needed a stable address in order to be granted bail and Indigenous people were more likely to be homeless or live in unstable housing, she added.
But the state remains committed to working towards its Closing the Gap targets, including those for Indigenous incarceration, Mr Daley said.
"The NSW government is also strongly committed to the Closing the Gap target of reducing the rate of family violence and abuse against Indigenous women and children," he said.
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