Media Release
The Crime Research Centre at the University of WA, today released a book which considers the impact of the recommendations of the Royal Commission into Aboriginal Deaths in Custody. It explores the ways in which the criminal justice system interacts with Aboriginal life in Western Australia.
The book entitled Aboriginal Contact with the Criminal Justice System and the Impact of the Royal Commission into Aboriginal Deaths in Custody extends the research originally conducted by the Crime Research Centre for the Aboriginal Affairs Department.
The book examines:
Aboriginal victimisation patterns,
police contact with Aborigines,
sentencing patterns in the courts,
imprisonment rates, and
the use of non-custodial sentences.
Most striking are the patterns revealed of Aboriginal violence, particularly violence occurring within the family, against both women and children. For example, Aboriginal women are, on the basis of crimes reported to police, almost 40 times more likely to be victims of spousal violence than non-Aboriginal women.
Other important findings from the book are:
Imprisonment rates, particularly of Aborigines, remain excessively high in this State. The rate of imprisonment of Aborigines in Western Australia is greater than in any other state of Australia. The relative difference between the Aboriginal and non-Aboriginal imprisonment rates is stark: in 1993, Aborigines were 22.7 times more likely to be incarcerated than non-Aborigines. This ratio is almost three times greater than similar 'black-to-white' ratios in either the USA or the UK.
Arrest rates for Aborigines and non-Aborigines have declined steadily since 1991. However, this decline has been greatest for the non-Aboriginal population. This suggests that the benefits of new diversionary schemes, such as cautioning, may not have flowed equally across the target population.
Once convicted, Aboriginal offenders are more likely than non-Aboriginal offenders to be imprisoned by the courts. In the Children's Court, Aboriginal juveniles are four times more likely to receive a sentence of detention than non-Aboriginal juveniles. In the lower courts, adult Aborigines are six times more likely than non-Aborigines to be sent to gaol. However, once a decision has been made to imprison, the Higher Courts are more likely to impose shorter sentences on Aborigines than upon non-Aborigines, especially with regard to property offences.
There is recent evidence of an increasing use of non-custodial sentences for Aborigines. This may be an indicator that judges and magistrates accept the need for greater use of non-custodial penalties rather than imprisonment.
The likelihood of being re-arrested by police remains much higher for Aborigines than for non-Aborigines. In fact, the likelihood of being re-arrested approaches virtual certainty for both male and female Aborigines after comparatively few arrests.
Final comments in the book relate to the recommendations of the Royal Commission.
Although important changes have followed since the Royal Commission, the recommendations have not been effectively or uniformly implemented, possibly because of the sheer number of recommendations and their inadequate prioritisation. The time may be appropriate to call a national planning and co-ordination conference at which some agreed prioritisation of implementation strategies may be developed.
Authors of the book are Richard Harding, Rod Broadhurst, Anna Ferrante and Nini Loh.
The book is published by Hawkins Press, sells for $25.00 and is available from the Crime Research Centre and the Law Book Company.
Enquiries:
Please contact the Crime Research Centre on (08) 6488-2830 for their contact numbers.
Mr Cedric Wyatt, Director of the Aboriginal Affairs Department is available to comment on the report. His contact number is (08) 9235-8000
Other inquiries about the report may be directed to Ms Anna Ferrante, Crime Research Centre, ph. (08) 6488-2830. |