NCJ Number
223290
Date Published
June 2008
Length
6 pages
Annotation
This study used modeled data to examine juveniles’ contact with police and courts, and the differences in juvenile diversionary rates for Indigenous and non-Indigenous offenders in New South Wales (NSW), South Australia, and Western Australia in 2005.
Abstract
In all three States, Indigenous offenders were more likely to be referred to court than non-Indigenous offenders. In Western Australia and New South Wales (NSW), Indigenous young offenders were also more likely to be referred to a conference rather than cautioned. Non-Indigenous offenders in all three States were significantly more likely to receive a police caution. When controls were introduced for age, sex, characteristics of the current case, and the prior criminal history of the offender, the discrepancy between Indigenous and non-Indigenous offenders in rates of diversion decreased for all three States but remained statistically significant. The study suggests the need for further research into the reason(s) for the high reconviction rate among Indigenous offenders. Conferencing and cautioning are used as diversionary alternatives in the juvenile justice system with evidence to suggest they reduce offending. As Indigenous young people are overrepresented in the juvenile justice system, an important question is whether they are as likely to be diverted as non-Indigenous young people. This paper compares Indigenous and non-Indigenous juvenile diversionary rates in the jurisdictions of Western Australia, South Australia, and NSW to determine how much of the discrepancy between Indigenous and non-Indigenous rates of diversion remains once legally relevant factors have been taken into account. Tables and references