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| Indigenous people jailed for stalking in NSW increases eightfold, report finds | Indigenous people jailed for stalking in NSW increases eightfold, report finds |
| (5 days later) | |
| The number of Indigenous people jailed for stalking offences in New South Wales increased eightfold between 2011 and 2016 because of a police crackdown, a new report has found. | The number of Indigenous people jailed for stalking offences in New South Wales increased eightfold between 2011 and 2016 because of a police crackdown, a new report has found. |
| Over-policing was also linked to an increase in Indigenous people being jailed for breaching suspended sentence orders and good behaviour bonds. | Over-policing was also linked to an increase in Indigenous people being jailed for breaching suspended sentence orders and good behaviour bonds. |
| The report released on Monday by the Bureau of Crime Statistics and Research said the increase in the number of people jailed for those three offences was a major cause of the 25% increase in Indigenous imprisonment in NSW since 2013. | The report released on Monday by the Bureau of Crime Statistics and Research said the increase in the number of people jailed for those three offences was a major cause of the 25% increase in Indigenous imprisonment in NSW since 2013. |
| It followed a report last year that found the arrest rate had fallen while the Indigenous imprisonment rate doubled and that 38% of Indigenous people held on remand did not receive a sentence of imprisonment. | It followed a report last year that found the arrest rate had fallen while the Indigenous imprisonment rate doubled and that 38% of Indigenous people held on remand did not receive a sentence of imprisonment. |
| The report’s author, Don Weatherburn, said the increase in the number of people charged with stalking or intimidation did not appear to be linked to an increase in offending. | The report’s author, Don Weatherburn, said the increase in the number of people charged with stalking or intimidation did not appear to be linked to an increase in offending. |
| “I was troubled by the fact that this did not look like an upsurge in offending, it looked like an upsurge in policing and court severity,” he told Guardian Australia. “If we are serious about reducing Indigenous imprisonment, it’s really sad that we have turned to more severe sentencing.” | “I was troubled by the fact that this did not look like an upsurge in offending, it looked like an upsurge in policing and court severity,” he told Guardian Australia. “If we are serious about reducing Indigenous imprisonment, it’s really sad that we have turned to more severe sentencing.” |
| Stalking or intimidation is usually a domestic violence offence. In 2011, the report found, fewer than 20 Aboriginal and Torres Strait Islander people were charged with the offence each month. By September 2016, it had increased to more than 80 per month. The number of people imprisoned on a stalking or intimidation offence was eight times higher in 2016 than 2011. | Stalking or intimidation is usually a domestic violence offence. In 2011, the report found, fewer than 20 Aboriginal and Torres Strait Islander people were charged with the offence each month. By September 2016, it had increased to more than 80 per month. The number of people imprisoned on a stalking or intimidation offence was eight times higher in 2016 than 2011. |
| Acts intended to cause injury, a broad category ranging from common assault to grievous bodily harm, accounted for 29% of all offences for which Indigenous people were sentenced to prison in NSW. | Acts intended to cause injury, a broad category ranging from common assault to grievous bodily harm, accounted for 29% of all offences for which Indigenous people were sentenced to prison in NSW. |
| About 18.5% of the total Indigenous prisoner population in NSW were convicted of one of three lower-level assaults: assault occasioning bodily harm, stalking/intimidation, or common assault. | About 18.5% of the total Indigenous prisoner population in NSW were convicted of one of three lower-level assaults: assault occasioning bodily harm, stalking/intimidation, or common assault. |
| Weatherburn said his research showed the number of people being jailed for those offences had increased, with no discernable cause. “It would be a different situation if we were having, as we had in the late 1990s, an increase in Indigenous offending, and non-Indigenous offending, because of the heroin epidemic,” he said. | Weatherburn said his research showed the number of people being jailed for those offences had increased, with no discernable cause. “It would be a different situation if we were having, as we had in the late 1990s, an increase in Indigenous offending, and non-Indigenous offending, because of the heroin epidemic,” he said. |
| “It seems to have come out of the blue … I don’t know what caused the police to decide to press this issue all of a sudden.” | “It seems to have come out of the blue … I don’t know what caused the police to decide to press this issue all of a sudden.” |
| Justice procedure offences, including not complying with a suspended sentence order, not complying with a good behaviour bond, and breaching a domestic apprehended violence order, accounted for 14% of all offences for which Indigenous people were imprisoned. | Justice procedure offences, including not complying with a suspended sentence order, not complying with a good behaviour bond, and breaching a domestic apprehended violence order, accounted for 14% of all offences for which Indigenous people were imprisoned. |
| If half of all those convicted of a lower-level assault offence or a justice procedural offence in 2015 were given an Intensive Correction Order, rather than prison time, the number of Indigenous people imprisoned would have reduced by 689. That would be a step towards reversing or at least slowing the growth in Indigenous imprisonment, Weatherburn said. | If half of all those convicted of a lower-level assault offence or a justice procedural offence in 2015 were given an Intensive Correction Order, rather than prison time, the number of Indigenous people imprisoned would have reduced by 689. That would be a step towards reversing or at least slowing the growth in Indigenous imprisonment, Weatherburn said. |
| ICOs are an alternative to a prison sentence for people who would otherwise have been jailed for two years or less. They involve 32 hours of community work a month, rehabilitation and community supervision. | ICOs are an alternative to a prison sentence for people who would otherwise have been jailed for two years or less. They involve 32 hours of community work a month, rehabilitation and community supervision. |
| However, they are less likely to be used for offenders who are homeless or who live in regional or remote areas, where the in-community support services may not exist. | However, they are less likely to be used for offenders who are homeless or who live in regional or remote areas, where the in-community support services may not exist. |
| Of the 1,380 Indigenous people convicted of one of those offences in 2015, only two received a prison sentence of greater than two years – meaning only two would be ineligible for an ICO instead of prison time. | Of the 1,380 Indigenous people convicted of one of those offences in 2015, only two received a prison sentence of greater than two years – meaning only two would be ineligible for an ICO instead of prison time. |
| In a statement in response to questions, NSW attorney general Mark Speakman said the rate of Indigenous incarceration was “disproportionate and concerning” and that the NSW government was “committed to addressing Indigenous overrepresentation in the criminal justice system and recognises the impact this has on Aboriginal and Torres Strait Islander people.” | In a statement in response to questions, NSW attorney general Mark Speakman said the rate of Indigenous incarceration was “disproportionate and concerning” and that the NSW government was “committed to addressing Indigenous overrepresentation in the criminal justice system and recognises the impact this has on Aboriginal and Torres Strait Islander people.” |
| That will include making ICOs more “effective and accessible”, he said. | That will include making ICOs more “effective and accessible”, he said. |
| Greens MP David Shoebridge said the Berejiklian government should invest in support services so that Indigenous people in regional or remote communities could access ICOs. | Greens MP David Shoebridge said the Berejiklian government should invest in support services so that Indigenous people in regional or remote communities could access ICOs. |
| “ICOs need to be culturally relevant to Aboriginal people, otherwise you are just setting up Aboriginal offenders to fail and nobody benefits from that,” he said. | “ICOs need to be culturally relevant to Aboriginal people, otherwise you are just setting up Aboriginal offenders to fail and nobody benefits from that,” he said. |
| Shoebridge said short sentences of six or 12 months were disruptive and meant offenders were released into the community with no support, and without being able to access rehabilitation programs in prison. But he said domestic violence offences such as stalking, where the victim as well as the offender was Aboriginal, required a more cautious approach. | Shoebridge said short sentences of six or 12 months were disruptive and meant offenders were released into the community with no support, and without being able to access rehabilitation programs in prison. But he said domestic violence offences such as stalking, where the victim as well as the offender was Aboriginal, required a more cautious approach. |
| “This category of offences is especially complex, but whatever the complications, the answer can’t be to put more people in jail.” | “This category of offences is especially complex, but whatever the complications, the answer can’t be to put more people in jail.” |
| Indigenous incarceration | Indigenous incarceration |
| Indigenous Australians | Indigenous Australians |
| Indigenous peoples | Indigenous peoples |
| New South Wales | New South Wales |
| Australian police and policing | Australian police and policing |
| Crime - Australia | Crime - Australia |
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