Telling the truth about Victoria’s criminal justice system

There has been a 15 percent increase in the number of First Nations people in Victorian prisons in the last year, despite just a 1 percent increase in the overall prison population.

Victoria’s truth-telling commission has turned its attention to the criminal justice system and its disproportionate impact on First Nations people.

The Yoorrook Justice Commission, the state’s truth-telling process into injustices experienced by First Nations Australians, has received submissions on systemic injustices in the criminal justice system in Victoria.

The Commission will deliver a critical issues report on the matter by June next year, after it was selected as a key area of concern through feedback from 200 Elders at 29 yarning circles around the state this year.

The Commission will be examining the over-representation of First Nations people in Victorian prisons, what it’s like to deal with the criminal justice system, examples of good practice around the nation and world, ways to improve the situation and what is stopping reforms and improvements in the space.

“Evidence shows that injustice experienced by First Peoples in these systems is getting worse in many respects,” the Yoorrook Justice Commission said. “Action on these issues cannot wait.”

In Victoria, there were 806 First Nations people in prison as of the end of October, out of a total prison population of 6717. This represents 12 percent of Victoria’s prison population, while First Nations people make up just 1 percent of the total population of the state.

Since October 2021, Victoria’s prison population has increased by 1.2 percent, while the number of First Nations people in prison has jumped by 15 percent in this time.

The imprisonment rate for First Nations people almost doubled from 2011 to 2021, to 1903.5 per 100,000 adults.

This led to the truth-telling Commission to list this issue as one requiring urgent action. It will examine the connection between colonisation and contemporary systemic injustice, imprisonment rates, bail and remand, as well as deaths in custody, over-policing and the need for independent police oversight.

The Commission is particularly interested in case studies showing systemic injustice, examples of good practice from other jurisdictions and the identification of critical recommendations which have not yet been accepted or properly implemented.

The Yoorrook Justice Commission’s report will also look at raising the age of criminal responsibility, the use of cautions, diversion and other alternative responses, restorative justice and rehabilitation.