Summary
Aim
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.
The Closing the Gap Quarterly Report shows performance against two key indicators of Aboriginal over-representation in the justice system:
- The number of Aboriginal people in custody
- The number of court appearances involving Aboriginal people
The report also look at secondary measures which contribute to changes in custody and court volumes, including police actions, bail decisions, bail breaches, court outcomes and reoffending. Separate reports are available for Aboriginal adults (target 10) and Aboriginal young people (target 11).
Target 10 – Aboriginal Adults in custody
- As of September 2025, there were 4,245 Aboriginal adults in custody, representing 33.3% of the total adult prison population. Unlike the overall prison population, which remains below pre-pandemic levels, the number of Aboriginal prisoners has surpassed those levels and continues to grow.
- Over the two years from September 2023 to September 2025, the number of Aboriginal inmates increased by 439 adults (or up 11.5%), including a rise of 403 Aboriginal men and 36 Aboriginal women.
- Both the remand and sentenced custody populations increased by 16.8% (276 adults) and 7.5% (163 adults) respectively. As of September 2025, 1,914 Aboriginal adults were held on remand and 2,331 were in sentenced custody in NSW.
- Over the 12 months to September 2025 the number of Aboriginal adults passing through the NSW Criminal Justice System increased compared to the previous 12 months. The number of Aboriginal adults proceeded to court by police rose by 4.2% (an additional 1,492 people), those refused bail by the courts increased by 2.9% (200 people), and the number of individuals found guilty in court grew by 6.5% (2,375) people).
Target 11 – Aboriginal young people in custody
- As of September 2025, 126 Aboriginal young people were in detention, representing 59.7% of the total youth detention population. Of these, 72.2% (91 young people) were held on remand.
- Among Aboriginal young people in custody, the most common offences were break and enter (41 young people), assault (18), and theft (14).
- Interestingly, while court finalisations involving Aboriginal young people increased by 6.0% compared to the previous year, the number of Aboriginal young people proceeded against by Police has declined (down 14.8% or 990 fewer young people). The number of Aboriginal young people diverted under the Young Offenders Act also declined, down 10.3% (or 376 fewer young people).