Indigenous Australians Made Up 61% of Unsentenced Prison Numbers in 2023

Australia is incarcerating more people on remand due to the housing crisis, experts say, after new data from the Australian Bureau of Statistics found that the total number of people in jail who are awaiting sentencing had almost doubled in the last decade.

Last year, the rate of unsentenced indigenous inmates increased by 13.2%, with some campaigners saying the housing crisis and culturally challenging bail laws are perpetuating a “grave injustice” on First Nations people. There was also a 7.2% increase in total unsentenced prisoners according to rates reported in Queensland, Western Australia and the Northern Territory.

Professor of Criminology at the Australian National University Lorana Bartels told Guardian Australia that we are seeing the incarceration of people on remand more due to the housing crisis, as individuals without secure housing are less likely to be granted or apply for bail.

“It’s a truism that there will always be a bed for you in prison, even if there isn’t one anywhere else,” she said.

“We know, of course, that Indigenous people are more likely to not have stable housing, have a prior record, and not have employment. So you’re seeing a constellation of factors which will combine to make it harder for them to meet those requirements for bail.”

Bartels also said that 61% of people in prison had been incarcerated previously, an inidcation that the system isn’t “working well”.

A 2023 report by the Sydney Morning Herald found that NSW’s bail laws disproportionately affect Indigenous Australians, the homeless and women. The number of Indigenous adults held on remand across the state rose by 21.7% between December 2020 and December 2022. The number of Indigenous women in prison rose by 12.4% since 2021.

Law Council of Australia President Luke Murphy told the SMH that the housing crisis was fuelling the number of bail refusals across the country, as courts are unlikely to grant bail to persons charged with an offence, without an address.

“Lack of safe and stable accommodation contributes to and exacerbates poor justice outcomes,” he said.

“It can increase the likelihood of a person being denied bail and instead being placed on remand, it can prevent a person from escaping domestic or family violence, and it can increase the risk of recidivism among recently released prisoners.”

On Thursday last week, the government announced the first nine recipients of its $79 million local justice reinvestment initiative – a long-term, community-led initiative that aims to prevent crime, improve community safety and reduce the number of First Nations people in custody.

Acting Attorney General Katy Gallagher said in a statement that Aboriginal and Torres Strait Islander people are “unacceptably overrepresented at every point in the justice system”.

“Justice reinvestment empowers First Nations communities and leaders to develop local solutions to divert people who are at risk away from the criminal justice system,” she said.

“This is a community-led approach to improving the lives of First Nations people and strengthening community safety.”


Adele is the Junior Writer & Producer for VICE AU/NZ. Follow her on Instagram and Twitter here.

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