Indigenous Deaths in Custody: Introduction to Analysis of Case Studies

Review case studies and analysis of Indigenous deaths in custody, examining individual circumstances and broader patterns within the criminal justice system.

Aboriginal and Torres Strait Islander Peoples Article 14 December 2012

Summary

Learn about the analysis and case studies of Indigenous deaths in custody.

Part C - Profiles AnalysisChapter 5. Introduction Chapter 6. Police Practices Chapter 7. Imprisonment and Courts Chapter 8. Custodial Conditions Chapter 9. Juveniles Chapter 10. Post-Death Investigations Appendix: Government Implementation Chapter 5 Introduction to Analysis of Case StudiesSummary5.1 An average of 8.5 recommendations were breached in each death. Recommendations were more frequently breached in deaths in Queensland (13.6) and Western Australia (8.9).5.2 The deaths were arithmetically broken into two periods (31 May 1989 - 5 March 1992) and (25 March 1992 - 13 January 1996). The average number of recommendations breached per death did not decline in the second period. IntroductionPart C of the Report examines implementation of Royal Commission recommendations in light of the case studies. Recommendations are grouped into five chapters and areas: 6, Policing Practices; 7, Courts and Imprisonment; 8, Custodial Conditions; 9, Juveniles; and 10, Post-death Investigations. As noted in chapter 1, these chapters contain schedules listing the frequency of breaches of recommendations and a discussion of case studies and related material under each Royal Commission recommendation. Overview of Breaches of RecommendationsTable 5.1 provides a summary of the breaches of recommendations across the five areas. Breaches are only listed for 75 deaths. Breaches of recommendations were not recorded in 21 deaths, as the coronial inquest has not been completed at the time of publication or there was insufficient information available regarding the circumstances of the death. Excluding recommendations concerning post-death investigations, coroners detected 47 per cent of the listed breaches of recommendations. The Office of the Social Justice Commissioner detected the majority of breaches concerning police practices, courts and imprisonment and juveniles. Coroners were more likely to detect breaches of recommendations concerning custodial conditions. As will be discussed in chapter 10, coroners should expand the scope of their inquiry to examine arresting and sentencing practices which led to the incarceration of the deceased. The breaches of the recommendations were broken into two periods to determine whether there has been a positive improvement over time since the Royal Commission. The first 37 of the 75 investigated deaths represent period I (31 May 1989 - 5 March 1992). The next 38 deaths represent period II (25 March 1992 - 13 January 1996). Table 5.2 illustrates that there has not been a reduction in the average number of recommendation breached in the second period: an average of 8.3 recommendations were breached in the first period and 8.6 were breached in the second period. Table 5.1 Overview of Breaches: Authority, Period and JurisdictionGroupingAuthorityPeriodState/TerritoryTotal Coron. SJCIIINSWVicQldWASATasNT Police Practices17654933683320101482Courts12717116-1174-- 28Custodial Conditions21216217719710434151 37417-374Juveniles311862-552--14Post-Death Investig.613057792545938442136Total239395308326143 46259 10761126634Grand Total 634 634 634 Table 5.1 also breaks down breaches of recommendations by state and territory. The average number of recommendations breached are shown in Table 5.2 and Figure 5.1. There was an average of 8.3 recommendations breached in each death in Australia. The highest average number of breaches were in the states of Queensland (13.6) and Western Australia (8.9). Table 5.2 Average Number of Breaches PeriodState/TerritoryIIINSWVICQLDWASATASNTAustBreaches3083261434625910761126634Investigated Deaths3738256191292275Average8.38.65.77.713.68.96.86.03.08.5Figure 5.1 Average Breach of Recommendations by State/Territory back to top	Table 5.1 Overview of Breaches: Authority, Period and Jurisdiction	Grouping	Authority	Period	State/Territory	Total		Coron.	SJC	I	II	NSW	Vic	Qld	WA	SA	Tas	NT	Police Practices	17	65	49	33	6	8	33	20	10	1	4	82	Courts	1	27	17	11	6	-	11	7	4	-	-	28	Custodial Conditions	212	162	177	197	104	34	151	37	41	7	-	374	Juveniles	3	11	8	6	2	-	5	5	2	-	-	14	Post-Death Investig.	6	130	57	79	25	4	59	38	4	4	2	136	Total	239	395	308	326	143	46	259	107	61	12	6	634	Grand Total	634	634	634	Table 5.2 Average Number of Breaches	Period	State/Territory	I	II	NSW	VIC	QLD	WA	SA	TAS	NT	Aust	Breaches	308	326	143	46	259	107	61	12	6	634	Investigated Deaths	37	38	25	6	19	12	9	2	2	75	Average	8.3	8.6	5.7	7.7	13.6	8.9	6.8	6.0	3.0	8.5	Contents Previous Next
Table 5.1 Overview of Breaches: Authority, Period and Jurisdiction
Grouping	Authority	Period	State/Territory	Total
	Coron.	SJC	I	II	NSW	Vic	Qld	WA	SA	Tas	NT
Police Practices	17	65	49	33	6	8	33	20	10	1	4	82
Courts	1	27	17	11	6	-	11	7	4	-	-	28
Custodial Conditions	212	162	177	197	104	34	151	37	41	7	-	374
Juveniles	3	11	8	6	2	-	5	5	2	-	-	14
Post-Death Investig.	6	130	57	79	25	4	59	38	4	4	2	136
Total	239	395	308	326	143	46	259	107	61	12	6	634
Grand Total	634	634	634
Table 5.2 Average Number of Breaches
	Period	State/Territory
I	II	NSW	VIC	QLD	WA	SA	TAS	NT	Aust
Breaches	308	326	143	46	259	107	61	12	6	634
Investigated Deaths	37	38	25	6	19	12	9	2	2	75
Average	8.3	8.6	5.7	7.7	13.6	8.9	6.8	6.0	3.0	8.5

Part C - Profiles Analysis

Chapter 5. Introduction Chapter 6. Police Practices Chapter 7. Imprisonment and Courts Chapter 8. Custodial Conditions Chapter 9. Juveniles Chapter 10. Post-Death Investigations Appendix: Government Implementation

Summary

Authority

Period

State/Territory

Total

SJC

Vic

Qld

Tas

374

136

634

Period

State/Territory

VIC

QLD

TAS

Aust

634

8.5

Figure 5.1 Average Breach of Recommendations by State/Territory

Indigenous Deaths in Custody: Introduction to Analysis of Case Studies

Summary

Part C - Profiles Analysis

Summary

You might also like