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The committee also determined that the Bail Act should be reformed to include an express consideration of Aboriginality as a provision to ensure people were not left on remand. Aboriginal defendants are 20.4% more likely to be refused bail by police than non-Aboriginal defendants in similar cases, according to a recent NSW Bureau of Crime Statistics and Research (Bocsar) study of more than 500,000 bail decisions made in NSW between 2015 and 2019. Guardian Australiaâs Deaths Inside project found that, nationally, more than half (54%) of all Aboriginal people who died in custody between 2008 and 2021 were on remand. The NSW committee recommended the urgent removal of hanging points in prison cells and urged the government to commit to a deadline for doing so. It cited the case of Tane Chatfield, who died in hospital two days after he was found hanging in his cell at the Tamworth correctional centre in September 2017. ....
“Still no justice”: First Nations activists hold speak-out after NSW parliamentary inquiry Speakers argued that justice would be won by the people and not the state. Photography: Aman Kapoor. April 15, 2021 After a NSW Parliamentary Committee into the high levels of First Nations people in custody tabled its findings and 39 recommendations today, activists held a speak-out with the overarching message that justice would be won by the people and not the state. The inquiry was established after thousands took to the streets in June 2020 at the height of Black Lives Matter movement, and handed down its report on the 30th anniversary of the Royal Commission into Aboriginal Deaths in Custody. ....
Quis custodiet ipsos custodes? WHO SHOULD GUARD THE GUARDS? According to Guardian Australia, a cross-party New South Wales parliamentary inquiry into Aboriginal incarceration has unanimously proposed that the state’s police watchdog, the Law Enforcement and Conduct Commission, investigate deaths in custody to stop “police investigating police”. The inquiry was called during 2020’s Black Lives Matter protests and included Liberal, Labor, Greens, Nationals, and One Nation committee members. They have made 39 recommendations including for the LECC to appoint a senior Indigenous statutory officer to provide judicial and cultural expertise in investigating Aboriginal custodial deaths; raising the age of criminal responsibility from 10 to 14 years old; and reforming the Summary Offences Act to exclude “obscene language” as grounds for arrest. ....