Reducing incarceration of Aboriginal people: challenges and choices

By Anita Knudsen, Lenny Roth

Key points • Overrepresentation of Aboriginal people in the NSW criminal justice system continues to worsen. Almost one third of people in prison in NSW are Aboriginal. The increase in imprisonment has been most acute in remand, with almost 40% of Aboriginal people in prison on remand. • Record high numbers of people in prison, and growing awareness of the social and economic costs of prison, have intensified public discussions about alternatives to prison. • The main framework for reducing Aboriginal incarceration nationally and in NSW is the National Agreement on Closing the Gap, which includes a target to reduce the incarceration rate of Aboriginal people by at least 15% by 2031. • The NSW Closing the Gap Implementation Plan 2022–2024 emphasises the need for Aboriginal leadership, expertise and participation in strategies to reduce incarceration. These measures will take different times to mature and scale. • An important consideration identified by stakeholders is the need to consider how criminal justice legislation and policy contributes to increased numbers of Aboriginal people in prison and overrepresentation at every stage of the criminal justice process. • Inquiries and research have proposed a range of actions across prevention, early intervention, diversion from the criminal justice system, non-custodial sentencing options and post-release support specific to Aboriginal people.

Sydney: State of New South Wales through the Parliament of New South Wales, 2023. 44p,