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Doubling the female imprisonment rate due to First Nations women being locked up

So many of the Aboriginal women in prison have been physically abused and/or have substance-abuse problems. One of the reasons these women make up such a disproportionate part of the prison population is that magistrates are required to follow sentencing guidelines; someone who has been arrested a certain number of times for, say, being drunk in public is required by such rules to spend time behind bars. Beyond that, Professor Baldry argues, some magistrates take an inappropriately paternalistic view that time in prison will be beneficial in blocking a woman's access to substances.

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18 August 2014 www.canberratimes.com.au

Perhaps the most lamentable blot on Australia, which boasts an overall standard of living coveted by so many less-fortunate nations, is the gap between the situation of First Nations people and that of the rest of the population. Across a range of fundamental measures, First Nations Australians experience shocking outcomes, to the point where they are the most disadvantaged and vulnerable group in the land. This is tragically transparent in statistics covering health, education, child abuse, alcohol and drug misuse, income, employment, life expectancy and incarceration.

On this last indicator, disturbing information was presented last week about the chasm between the situation of First Nations and non-indigenous women. At a conference in the Parliament of NSW, Eileen Baldry, Professor of Criminology at The University of NSW, pointed out that:

  • While First Nations women make up 2 per cent of the nation's female population, they account for a third of the female prison population.
  • As much as 95 per cent of the doubling of the rate of female incarceration in Australia in the past decade is accounted for by Aboriginal women, particularly in Western Australia and the Northern Territory.
  • First Nations women are about 20 times more likely to be jailed than are non-indigenous women.
  • Many of the First Nations women are being jailed for minor offences, such as driving infringements and public drinking.

The situation is particularly disturbing given that we have long known there is a problem. Almost a quarter of a century ago, the Royal Commission into Aboriginal Deaths in Custody concluded that too many Aboriginal people are in custody too often. The commission made 339 recommendations, among which were:

  • "Arrest people only when no other way exists for dealing with a problem."
  • "Imprisonment should be utilised only as a sanction of last resort."

Clearly, these recommendations have not been implemented. Indeed, Professor Baldry attributes part of the deterioration to a more punitive attitude to Aboriginal people by many in the justice system and the broader community.

The problems faced by First Nations Australians are many and complex, and the lack of sympathy shown by some in the community towards the plight of many Aborigines is truly dispiriting. It amounts to a collective case of blaming of the victim.

So many of the Aboriginal women in prison have been physically abused and/or have substance-abuse problems. One of the reasons these women make up such a disproportionate part of the prison population is that magistrates are required to follow sentencing guidelines; someone who has been arrested a certain number of times for, say, being drunk in public is required by such rules to spend time behind bars. Beyond that, Professor Baldry argues, some magistrates take an inappropriately paternalistic view that time in prison will be beneficial in blocking a woman's access to substances.

While the figures are depressing, the situation is not intractable. But it is clear a change of approach is imperative. One evident thing to do is to allow magistrates greater flexibility. Professor Baldry's research suggests that providing medical support, counselling and, in some cases, accommodation to these women is not only less costly but far more effective than jail.

In so many areas, Australians have proved creative, decent and resourceful. We can and must do better at closing the gap and ensuring that First Nations people find true justice.

Doubling of female imprisonment rate almost entirely due to Aboriginal women being locked up

R A D I O  -  T R A N S C R I P T

Sarah Dingle reported this story on Thursday, August 14, 2014

MICHAEL BRISSENDEN: Across Australia female imprisonment rates have doubled in the last decade and Indigenous women account for almost the entire increase.

That's the shocking finding of new research conducted by criminologist Professor Eileen Baldry, who's labelled the situation appalling and scandalous.

The first Indigenous magistrate in New South Wales, Pat O'Shane, says handing out repeat short sentences means prison rehabilitation programs are useless.

Sarah Dingle reports.

SARAH DINGLE: Prison figures are never light reading, but Professor Eileen Baldry says the last decades are particularly disturbing.

Speaking at a forum at New South Wales Parliament, the criminologist said there's been a big jump in the number of Australian women locked up.

EILEEN BALDRY: The female incarceration rate has doubled. The women's incarceration rate has risen much faster than the male incarceration rate and we can see that Indigenous women account for almost all of the increase. I think it's unconscionable.

SARAH DINGLE: Aboriginal women make up around 2 per cent of the female population but a third of Australia's female prison population.

Professor Baldry says it's true that if you do the crime you serve the time, but female Aboriginal prisoners are more likely to also first have been victims.

EILEEN BALDRY: There are quite significant rates of violence against Aboriginal women. There are significant experiences of use of drug and alcohol often to address those traumas. Larger numbers of Aboriginal women are experiencing homelessness and are experiencing cognitive impairment, sometimes from accidents, sometimes from foetal alcohol spectrum disorder.

These things also are very likely to bring Aboriginal women into contact with the criminal justice system.

It's usually petty offending. There are large numbers of Aboriginal women eventually incarcerated for driving offences, shop lifting.

With my research team we can see that for the same offences Aboriginal women are more likely to be locked up than non-Aboriginal women.

SARAH DINGLE: According to Professor Baldry's research, women who are sentenced to prison are only being imprisoned for short periods of time.

The first Aboriginal magistrate in the New South Wales local court, Pat O'Shane, says short sentences are useless, and they also mean that prison rehabilitation programs fail.

PAT SHANE: All the education programs that might ever be available in prison are going to be pretty much worthless for this reason. I've actually known colleagues to send people to jail for 21 days or one month. Anything under 12 months in my view is utterly useless.

SARAH DINGLE: Ms O'Shane says some of her former judicial colleagues lack the imagination to consider sentencing alternatives to short prison terms.

PAT SHANE: There are some however who are simply malicious. They're there, make no mistake about it, and they have very deep prejudices - not only in respect of race but also in respect of gender.

SARAH DINGLE: Nationally, Professor Baldry said Indigenous women are 24 times more likely than non-Indigenous women to go to jail.

MICHAEL BRISSENDEN: Sarah Dingle reporting.

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