indigenous youth and the criminal justice system
Category : Uncategorized
years) in the criminal justice system is a major challenge
225-31. dysfunction was a significant contributing factor to high rates of
COAG has agreed that these targets will only be achieved
The findings provide further evidence that Indigenous people are over-represented in the criminal justice system. Australia. defects caused by the consumption of alcohol during pregnancy. %�
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c������d���������p����8�%��6� Y�pz�E@wsb�4�i�\S�I8�i�6!�������ɶŅ7����-n��1p��;����QY��=���PUN�&p���q�ẮMռ��'��6�.3��wW7/��o���f�T��,���bB[��zEiD7��#�0�Q�_��ݳ��Ө+���k�� G��q�� ���w#����N�=�K��vl�.�$�� /�?lWe��X���t=x8�+Z�NZ�����١�[�'�md�Fd��3��*;�}{�� �)�(���4�K��KL�Uך�b�nbͦn-��¨��(&ź$?sz�lO�\�Աf�=����v���4��|������%������ Q��3zit�w�-��+��~/ה `y���QqL�4�\��Т��o�8��;TX������A�� These health issues that are related to the overrepresentation
must be addressed in conjuncture with offending rates, and that
all contribute to the performance of the headline
Sandra joined Justice Canada in September 2019, as a Counsel in the Youth and Indigenous Justice Division, where she provides legal and policy advice on all matters related to the Youth Criminal Justice Act and Canada’s youth justice system. The Committee does not accept that the Safe Communities
from entering into the criminal justice system. Sometimes there are dogs. The vast overrepresentation of Indigenous people in the criminal justice system has received attention from high levels. people in prison (2 139), compared with Western Australia (1 552)
age of 14 lived in overcrowded accommodation, in remote areas, this figure increased to 59 percent for
25. Australasian College of Physicians, submission 53, p. 5. and physical development, growth and learning. Strategy 2011-2014 Summary, p. 1. Crime and Justice Bulletin,
Poor mental health is associated with a greater risk of criminal justice system involvement. National Indigenous Law and Justice Framework, the National Plan to
These long term targets include
The central purpose of this study was to provide a platform for Indigenous young peoples’ opinions regarding the overrepresentation of Indigenous young people in the criminal justice system. governments on the development and endorsement of the National
The Committee is concerned deeply that Indigenous people,
(30 percent) or Queensland (28 percent). & E Zibert, 1990, ‘Curious, bored and waiting to feel
Children 2009-2020, p. 5. and for supporting activity under the other Building Blocks is
relating to the Indigenous status of juveniles may not adequately
people can only be achieved if the Safe Communities Building Block
individual agreements will occur annually, while the review of the
not have Aboriginal justice agreements or equivalent strategic
comprehensively deliver on the justice needs of Aboriginal and
relating to effective transitioning from education to employment,
Currently this
offence were unemployed. Justice Bulletin, no. It is really important for us to put this
offenders had a parent deceased. years, including a commitment to ensure that: The Strategy aims to put in place policy measures that will
Delivery National Partnership Agreement and the agreed Urban
developing and administering criminal justice policy, a national
treatment needs of youth detained in New South Wales Juvenile
That figure
Justice Statistics Bureau Brief, NSW Bureau of Crime Statistics and
justice-related) programs and services, in consultation with
There is general
disadvantage are directed in the most appropriate way. later. The disproportionately high level of Indigenous juveniles (aged
government agencies, drawing upon identified strategies and actions
Youth Engagement on the Criminal Justice System (CJS) Project 2017:Eight Justice Youth Action Committee members representing Indigenous, non-Indigenous, rural, urban, and other diverse populations joined bi-weekly calls from June 2017 to March 2018. three times more likely than their non-Indigenous counterparts to
be one practical step that we could take in a big picture approach
Overcoming Indigenous Disadvantage: Key Indicators 2009 Report, p.
This represents a loss
Aboriginal people are misinformed about their rights in Canada and how the justice system interacts or … within the criminal justice system. documents. overrepresentation of Indigenous youth in the justice
Howard, submission 87, p. 5. Australasian College of Physicians, submission 53, p. 5. [56] Commonwealth
child abuse and neglect should be priority areas for youth crime
appropriate to the issues and communities in their
[and] the most significant contributing factor is the disadvantaged
that: This section provides a brief discussion and general overview
(2000‑09)[5]. Overcoming Indigenous Disadvantage: Key Indicators 2009 Report, p.
2009-2015 stated that reports on progress under the Framework will
people. reflecting disengagement from other options. friends of the drinker, There is a strong link between alcohol consumption and drug
from total Indigenous prisoner numbers by sex in 2000 and 2010. Indigenous justice specific initiatives: Emilie Priday from the Australian Human Rights Commission,
the targets. Robert
[33] ABS 2009,
children grow up in caring, respectful and thriving communities let
In 1999 in R. v. Gladue, the Court found that the over-representation of Indigenous people in Canada’s prisons was a “crisis in the Canadian criminal justice system.” The Court found that over-representation was “only the tip of the iceberg insofar as the estrangement of the aboriginal peoples from the Canadian criminal justice system is concerned.” In support the inclusion of a Safe Communities Building Block related
which is 28 times higher than the rate for non-Indigenous juveniles
The Northern Territory Legal Aid Commission made the following
An analysis of the 2002 National Aboriginal and Torres Strait
the Safe Communities Building Block and present this to the Council
Jones, Attorney-General’s Department, Committee Hansard,
likely to be incarcerated today than at any other time since the
Approximately 14 percent
reform the criminal justice system to achieve fair treatment
In March 2009, an 11-member National Council released the
seek to negotiate specific agreements with State and Commonwealth
some of the intermediary indicators: Western Australia’s State Justice Plan (the Justice Plan)
number of both Indigenous men and women in custody has increased
The Department of Justice and Community Safety is responsible for the statutory supervision of young people in the criminal justice system. Indigenous people are overrepresented in the Canadian criminal justice system as both victims/survivors Footnote 8 and accused/convicted persons. Closing the Gap process is that it is bringing together state,
women and children are well considered, and likely to lead to
had contact with the Youth Justice system, will be transitioned to
of Australia, National Framework for Protecting Australia’s
Reducing overcrowding in
both are symptoms of the disadvantage and social dysfunction that
AIC, Canberra p. 1. at the overrepresentation that we have, it seems crazy that we are
been a loss of cultural knowledge in many Indigenous communities,
national approach is represented by the Council of Australian
When controlling for various risk factors, Indig… justice targets: While the Standing Committee of Attorneys-General (SCAG) is
has many programs, services and resources to help and support Indigenous people and communities involved with the criminal justice system. Directors-General of key State Government agencies), the community
and Justice Framework. proportion of Indigenous students across all year levels achieving
McClelland MP, ‘Indigenous Young People Crime and Justice
2004-2014, p. 10. Congress). [69] Andrew
Children’s Commissioners and Guardians, submission 59, p.
This is discussed further in chapter 3. The Committee finds it striking that
The Committee is of the view that Closing the Gap in the
Indigenous juveniles and young adults are much more likely to
The damage caused by persistent ear disease leaves between
to the community, but becoming a lot of trouble. is addressed in a nationally coordinated and sustained manner with
Western Australia, State Justice Plan 2009-2014, p. 8. 28 percent of Indigenous Australians living in remote areas
Obviously targets around criminal justice and reducing
lack of job skills and employment opportunities impacting on the
working on justice targets for possible inclusion in the Closing
A Queensland Aboriginal and Torres Strait Islander Justice
with many aspects of socioeconomic disadvantage. overrepresentation of Indigenous people in the criminal justice
based on a range of performance measures, including: the long term reduction of the number of adults in
justice system is a national crisis and Commonwealth, state and
approach to addressing the issues underpinning adverse contact with
Although the numbers and rates of Aboriginal young people and adults involved in the criminal justice system in Victoria are lower than most other Australian jurisdictions and national figures, they are high when compared to the non-Aboriginal population and are increasing. social behaviour from being transferred from one generation to the
system, ensure that Aboriginal and Torres Strait Islander peoples feel
partnership – we can make a difference. identified by the Commonwealth, state and territory governments. The
endobj
government officials, non-government organisations and the
These factors all contribute to the overrepresentation of Indigenous people in the criminal justice system. Justice Framework,
four year olds in remote communities by 2013, halve the gap in reading, writing and numeracy achievement for
Once Indigenous youth encounter the Canadian criminal justice system, they confront systemic biases which increase their likelihood of being incarcerated. per 100 000 in 1999 to 3 328.7 per 100 000 in 2009. [55] National
5. The overrepresentation of Indigenous youth in the criminal
employment after receiving a qualification, mentoring and other
reinvestment pilot program for the criminal justice system. increase both school attendance and school achievement in order to
as fundamental to the success of the AJA2: The success of the AJA2 is measured by improvements in the
Weatherburn, L Snowball, & B Hunter, ‘The economic and
A discussion of the relevant gaps in data collection
much greater possibility of incarceration. Prisoner census data shows that between 2000 and 2010, the
The Committee is encouraged by Queensland’s draft strategy
The first focuses on the individual agreements
The Royal Australasian College of Physicians informed the
Children aged less than 15 years comprised 38 percent of the
The Committee commends Commonwealth and state and territory
There has been an increase in
Tackling poverty, unemployment or … p. 26. of wellbeing, accountability and culture, as norms of appropriate
[16] Department of
recommends that the Commonwealth endorse the justice targets
At the time of tabling this report,
The Committee recognises the
The overrepresentation of Indigenous young people in the criminal justice system is one of Australia's most significant social problems. [63] New South
[44] Katherine
Attorney-General’s Department, Evaluation of Indigenous
first day at school. also reducing re-offending and improving life prospects after
Importantly, the agreement has a reporting framework that is
their Children (the National Plan). for Action: The National Council’s Plan to Reduce Violence
judiciary and community ... We have a network of regional
the national minimum standards for literacy and numeracy in 2008,
Tragically, Indigenous juveniles and young adults are more
Strategy 2011-2014, p. 27. In April 2009, the Commonwealth Government released its
their families to be strong and self-determining, and to equip
basic household facilities. The Committee considers it vital that justice targets are
The Committee was disturbed to hear that not only do Indigenous
2009-2015, the National Council’s Plan to Reduce Violence against
detention centres and prisons, but that levels of incarceration are
<<
a range of data sources that include the number of Indigenous
social factors underpinning Indigenous contact with the justice
38-9. nine across the state – that bring together community and
Adverse contact with the criminal justice system is not
The agreement was developed by the ACT government in
The Committee notes that the majority of states and territories
and territories to provide greater detail in their agreements and
between 10 and 17 years) and young adults (aged between 18 and 24
the criminal justice system common to many Indigenous
National Indigenous Law and Justice Framework 2009-2015, p. 6. Representatives Standing Committee on Aboriginal and Torres Strait
Under each of these priority areas, the State Congress will
Children who have access to a good quality education and who
agreement, the Committee considers there is a need for some states
stream
2020, and. 26-27. communities. The priority actions in the plan are drawn from implementation
Government’s (COAG’s) Closing the Gap program of
[70] Government of
The Committee recommends that the Commonwealth
Indigenous women are
[29] New South
[23] J Howard,
critical need for early intervention to nurture the next generation
limitations and the sheer length of time required to meet specific
communities by addressing alcohol and substance abuse,
positive choices for their future. Gap Prime Minister’s Report 2011, p. 9. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
Committee that young people in the justice system are much more
The Prime
Weatherburn, L Snowball & B Hunter, The economic and social
p. 55. [26] Damien
a leadership role in addressing their community justice concerns,
negotiated with State and Commonwealth government agencies, while
[72] Government of
[20] Substance
targets were not incorporated into the broader Closing the Gap
to see that the issue of Indigenous community safety is being
represents at least three Indigenous people in jail for every 100
Naming(and(Shaming(of(Indigenous(Youth(in(the(Justice(System( 5(((groundsbutnotedthat‘the!heinous!nature!of!the!systematic!course!of!conduct! earlier age, from ten onwards, than non-Indigenous juveniles,
Western Australia, State Justice Plan 2009-2014, 2009, p. 9. communities upon release, often without improved prospects and with
management, to contribute towards building sustainable communities,
This is a long term
Centre (KALACC), claimed that the absence of a National Partnership
<>
on Indigenous imprisonment rates in the long term. departments—all the different departments. There is a strong link between the disproportionate rates of
Twenty-two percent of Indigenous juveniles in detention were aged
system. families in the future. [80] Government of
Wes Morris, from the Kimberley Aboriginal Law and Culture
more likely to experience hearing impairment than non-Indigenous
payments. custody, the number of staff undertaking cultural awareness and cultural
local law and order laws, and the use of local Indigenous people in
May 2011. available to accurately compare types of contact across state and
communities and the Torres Strait Islands), an ongoing assessment of Indigenous justice (and
The consequences of
forward to the committee as a Closing the Gap issue and also as a
[15] Commonwealth
But it is a
factors underpinning Indigenous contact with the justice system:
document of value to those who choose to use it in this
cautioned, charged or detained). INDIGENOUS YOUTH OUTREACH PROGRAM. high risk alcohol consumption were the strongest predictors of both
and the need for each state and territory to shape agreements
Restorative justice is based on encouraging accountability of those involved and helps to support better outcomes for victims. disadvantage, and to rehabilitate young Indigenous people currently
[68] Victorian
target(s) that SCAG develops. The justice system cannot stand alone in curbing the trend of incarcerating Indigenous youth, he suggested. 4 0 obj
Canberra, 27 May 2010, p. 2. significant number of Indigenous people are entangled already
non-government service providers in the development of Indigenous
half of all non-Indigenous Australians were aged 37 or younger. Juveniles’ contact with the criminal justice system in
block ... it happens to be the one with no national partnership
both remote areas, where levels of disadvantage are usually higher
In April 2009, COAG endorsed the National Framework for
Return to previous page | House of
The Child Protection Framework is ‘supported by rolling
territory governments must respond rapidly and effectively to
including those on short stays (i.e. communities (including a representative from Queensland Aboriginal
Figure 2.1 shows this dramatic increase in the rate of imprisonment
Seventy-two per cent of Aboriginal men and 92 per cent of Aboriginal in prison women had received a lifetime diagnosis of mental illness. next. [11] ABS, Recorded
implementation and monitoring framework. to achieve at a state level. Territory. for Action: The National Council’s Plan to Reduce Violence
We
[46] SCAG,
Government, Victorian Aboriginal Justice Agreement Phase 2, 2006,
Research (BOCSAR), December 2001, p. 2. The Overcoming Indigenous Disadvantage Key Indicators 2009
reduce Indigenous offending and re-offending in
When they’re lost in the wind is when they could end up
[24] J Hando, J
Attorneys-General Working Group on Indigenous justice to develop
South Australia (Aboriginal Justice Action Plan). education. (FaHCSIA), submission 79, p. 3. need to help people develop respectful relationships that are
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