Criminology Research Council grant ; (9/86)
This project was conducted with the support and co-operation of the Aboriginal Task Force of the Justice and Consumer Affairs Committee of the South Australian Cabinet.
The research sought to develop policies to reduce the unusually high numbers of Aborigines jailed for fine default. The main aim of this research was to:
- Determine why such a large percentage of Aborigines failed to pay fines.
- Explore ways of ensuring fines are paid on time; and
- Suggest sentencing alternatives which would avoid the serving of time in prison as punishment for these offences.
Processes of intervention were introduced at the experimental court to ensure fines were paid on time. It was nevertheless found that the majority of Aborigines refused to pay fines as a matter of principle and protest against the European concept of a criminal justice system. Many indicated that if they could do a community service order within the Aboriginal community, they would prefer this to being jailed. Other recommended alternatives to imprisonment included a form of restitution, court reassessment or a stepped sentencing package.
Problems experienced with the intervention program led the researchers to recommend seventeen wide-ranging changes to the criminal justice system in South Australia. These recommendations were referred by relevant Ministers to a committee of chief executive officers of justice agencies and several already have been implemented. Recommendations adopted include:
- introduction of a ' stepped sentencing package' which makes imprisonment for fine default a last resort;
- assessment of the means of offenders at the time of sentence;
- legislative provision for more frequent use of community service orders and other bonds for Aboriginal people;
- formalising of sentence options and introduction of some form of sentencing package;
- ensuring that transient offenders can attend community service order programs in their home territory;
- wherever possible adding an Aboriginal component to all community service orders programs.
Overall, the report highlighted many deficiencies within the criminal justice system in relation to Aborigines and has demonstrated the need for government departments and instrumentalities to review current procedures and practices. For example, the report detailed concerns about the lack of communications between departments. There was also no formal mechanism in place to enable joint problem-solving between these departments, and the Task Force recommended that such a permanent consultative committee be established.