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Aboriginal over-representation in the NSW Criminal Justice System quarterly update June 2024
Date published: 05 Nov 2024
Subject: Aboriginal
Author: NSW Bureau of Crime Statistics and Research
The over-representation of Aboriginal Australians in custody is a matter of long-standing and justified public concern. Latest figures indicate that the Aboriginal imprisonment rate in NSW is nearly 10 times the non-Aboriginal imprisonment rate (Australian Bureau of Statistics 2020). Given that Aboriginal offenders are substantially overrepresented in prison, one would expect that they are also substantially over-represented at other stages of the Criminal Justice System.
Target 10 – In June 2024 there were 4,039 Aboriginal adults in custody, the highest number ever recorded. As of June 2024, 31.3% of the adult custody population were Aboriginal. The recent increase is solely due to the remand population. In June 2024, the number of Aboriginal people held on remand in NSW was the highest on record (1,891), up 27.3% since June 2022. The most common offences for which Aboriginal adults were on remand were DV assault (438 or 23.2%) and non-DV assault (344 or 18.2%). Both the number of Aboriginal adults proceeded against to court (up 6.1% or 1,945) and the number who were police and court bail refused has increased over the last year. In Q2 2024, police bail refusal rate increased to 38.8% (up 4.9 percentage points from 33.9% in Q2 2022) and the court bail refusal rate increased to 21.9% (up 3.7 percentage points from 18.2% in Q2 2022).
Target 11 – In June 2024 there were 145 Aboriginal young people in detention, which is 58.7% of the youth detention population. Currently, 78.6% of Aboriginal young people in detention are on remand. In June 2024, there were 114 Aboriginal young people on remand (up 38 or 50.0% since June 2022). More than half of the Aboriginal youth remand population are in detention for break and enter (29.3%) or car theft (22.4%). Over the last two years, the number of Aboriginal young people proceeded against to court increased 9.0% while the number of young people formally diverted from court by way of a police issued warning, caution or youth justice conference have decreased by 7.5%. This downward trend in youth diversions for Aboriginal young people mirrors the decreasing diversion rate for all young people that was identified in our latest Recorded Crime Statistics (June 2024).