Justice System

High levels of alcohol and other drug (AOD) use are closely linked to an increased risk of contact with the justice system and spending time in prison [48039]. As with the non-Indigenous prison entrants, a significant proportion of Aboriginal and Torres Strait Islander people who enter prison are at increased risk of experiencing an alcohol or other drug use dependence [50284]. Alcohol and tobacco are the most commonly reported drugs used prior to prison, followed by cannabis and methamphetamine [48039].

Being incarcerated separates people from family and culture, and impacts on a person’s capacity to maintain connection with employment, education and community. Young Aboriginal and Torres Strait Islander people are particularly affected, with many young detainees transported a long way from their communities [33707]. Spending time in prison potentially exposes people to many additional harms including unsafe practices such as sharing needles [50254].

A number of strategies have been developed to keep people out of prison such as justice reinvestment and diversion programs. Justice reinvestment is an approach that reinvests resources back into communities that would normally be spent on incarceration. In partnership with the community, key areas of concern are identified and local responses are designed and evaluated for outcomes to address the underlying causes of crime including AOD use [34378].

Diversion programs also aim to keep people out of prison. They include police discretion to issue a caution for small amounts of cannabis, as well as drug courts which offer participants the opportunity to address their AOD use through counselling and support [22997]. Studies have shown Aboriginal and Torres Strait Islander people are less likely to be issued a cautionary fine than non-Indigenous people, and more likely to be charged with possession and pursued through the courts [46716]. Counselling diversion programs have been shown to be effective for Aboriginal and Torres Strait Islander people when they have been culturally adapted to meet the needs of participants [22997].