NCJ Number
187838
Date Published
March 2001
Length
12 pages
Annotation
This article provides information on the overrepresentation of indigenous persons in the New South Wales court system and on the offense profile and penalties imposed on indigenous and non-indigenous offenders.
Abstract
The overrepresentation of indigenous persons stems initially from their higher rate of appearance at court, but is amplified at the point of sentencing, with indigenous offenders sentenced to imprisonment at almost twice the rate of non-indigenous persons. The violent nature of indigenous convictions and the greater likelihood of indigenous persons having prior convictions contribute to their higher rate of imprisonment. The article suggests that the greatest leverage for reducing indigenous imprisonment rates lies in reducing the rate at which indigenous persons appear in court rather than in reducing the rate at which convicted offenders are sentenced to imprisonment. Some reductions in the imprisonment rate could be achieved by using non-custodial sanctions in place of short term imprisonment or imprisonment related to breaches of bail or non-custodial orders. However, the article concludes, it will be difficult to reduce the indigenous court appearance rate without a better understanding of why indigenous persons appear at a rate five times higher than the rest of the population, or why indigenous persons are more likely to appear for (and be convicted of) certain types of offenses. Tables, figures, notes