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Over-representation of Indigenous people in courts complex but solvable
Top legal professionals have addressed the over-representation of Indigenous people in criminal proceedings, claiming that while the issue is complex and requires a major reform overhaul, it is not unsolvable and must be prioritised immediately.
Naomi Neilson
A panel of judges, barristers and lawyers said the legal profession – but especially the courts – must be prepared to confront the privilege, systematic racism and the uneven power distribution within the criminal justice system in order to address and alter over-representation and over-incarceration of Aboriginal and Torres Strait Island people.
“Colonisation took away the land, the languages and many traditions and has left them without a voice to power. The process has created social disadvantage leading directly to over-representation in prisons around the country,” Mr Cowdrey said in the lead-up to the NSWCCL’s panel discussion on addressing these experiences.
The Australian Law Reform Commission’s (ARLC) report found Aboriginal and Torres Strait Islander adults make up around 2 per cent of the population but constitute 27 per cent of the national prisoner population. The ARLC report, which was released in March 2018, included 35 recommendations – many of which remain unaddressed.
His honour Judge Matthew Myers AM – commissioner in charge of the ALRC inquiry – said while the problems leading to over-representation of Aboriginal and Torres Strait Islander people in prisons are complex, they can be solved.
“Law reform is an important part of that solution. Reduced incarceration and a greater support for the Aboriginal and Torres Strait Islander people in contact with the criminal justice system will improve health, social and economic outcomes for Aboriginal and Torres Strait Islander peoples and lead to a safer society for all,” Judge Myers said.
Since 2011, Just Reinvest NSW has worked with communities to establish justice reinvestment initiatives with a focus on reducing the imprisonment rates by directing resources into building strong and safe communities, rather than funding prisons.
Chair of Just Reinvest NSW Sarah Hopkins said that what is required is a shift in the way the justice system reviews prevention, intervention and justice.
“If we are real about this, what is needed is not just a shift in funding out of prisons and the criminal justice system into crime prevention and early intervention, but a more fundamental shift in power from government to communities, including the power over-resources. This is about community aspirations and resilience,” Ms Hopkins said.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
