23 April 2018

Pathways to justice - An inquiry into the incarceration rate of Aboriginal and Torres Strait Islander peoples: Final report

This report from the Australian Law Reform Commission presents the findings of its Inquiry which considered laws and legal frameworks that contribute to the incarceration rate of Aboriginal and Torres Strait Islander peoples and inform decisions to hold or keep Aboriginal and Torres Strait Islanders in custody. It makes thirty-five recommendations designed to reduce the disproportionate rate of incarceration of Aboriginal and Torres Strait Islander peoples and improve community safety. These recommendations are designed to promote substantive equality before the law for Aboriginal and Torres Strait Islander peoples; promote fairer enforcement of the law and fairer application of legal frameworks; ensure Aboriginal and Torres Strait Islander leadership and participation in the development and delivery of strategies and programs for Aboriginal and Torres Strait Islander people in contact with the criminal justice system; reduce recidivism through the provision of effective diversion, provide support and rehabilitation programs; make available to Aboriginal and Torres Strait Islander offenders alternatives to imprisonment that are appropriate to the offence and the offender’s circumstances; and promote justice reinvestment through redirection of resources from incarceration to prevention, rehabilitation and support, in order to reduce reoffending and the long-term economic cost of incarceration of Aboriginal and Torres Strait Islander peoples.