By Alexandra Gannoni and Samantha Bricknell

“The purpose of this paper is to provide a picture of trends and characteristics of Indigenous deaths in prison and police custody in the 25 years since the RCIADIC. A key focus is to describe the circumstances of Indigenous deaths in custody and how these compare with those reported by the RCIADIC and over time."The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) was established in 1987 in response to growing concern over the deaths of Indigenous people in custody. The RCIADIC (1991) found Indigenous people in custody did not die at a greater rate than non-Indigenous people in custody, but were considerably more likely to be arrested and imprisoned. The RCIADIC (1991) recommended an ongoing program be established by the Australian Institute of Criminology (AIC) to monitor Indigenous and non-Indigenous deaths in prison, police custody and youth detention. In response, the National Deaths in Custody Program (NDICP) commenced in 1992. Since then, the NDICP has collected comprehensive data on the extent and nature of all deaths in custody in Australia.”

Australian Institute of Criminology. Statistical Bulletin. No. 17. Feb. 2019. 15p.

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,