Report on the Inefficiencies of the Australian Criminal Justice System

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Criminal Justice System
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Contents
Introduction......................................................................................................................................3
Flaws in the Australian Criminal Justice System........................................................................4
Major Issues responsible for the failure of the Justice System....................................................6
Recommendations........................................................................................................................8
Implementation of Recommendations.........................................................................................9
Conclusion.....................................................................................................................................10
References......................................................................................................................................11
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Introduction
The Criminal Justice System is a system of rulings and laws which aims to protect the members
of the community and their property. It provides for the events which are considered an injury to
or offence against the members of the community and hold them as criminals. Under the criminal
justice system, the criminals or offenders are punished by way of fines, imprisonment and
community services. In recent years, confidence in the criminal justice system has emerged as a
critical issue. The government is facing an increased pressure to make the criminal justice system
more accountable, transparent and relevant. Considering the opinion of people and authorities,
this report is analysing the major issues faced by the criminal justice system in Australia and
appropriate recommendations have been made in order to overcome such flaws.
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Flaws in the Australian Criminal Justice System
Amongst the various roles performed by the Australian Government, the most important role is
the protection of people, their possessions and liberty by way of an effective and well-functions
criminal justice system. When people are kept safe from violence, then it gives them the
confidence to work, live and raise a family. The most significant part in relation to the protection
of the community is incarceration. The criminals who are dangerous to other inmates must be
kept in isolation so as to ensure that they do not continue harming others. The public safety can
be secured only when the rates of incarceration are increasing. However, this idea of increased
rates of the incarnation is not effective in cases when the offender is non-violent or of not much
risk to society. In such cases, the interests of justice may be served by alternative punishments.
In the opinion of Bushnell and Wild, (2016) the rates of incarceration in Australia are at an all-
time high. Since the 1970s, there has been seen a sharp increase in the number of persons being
imprisoned. Based on the report by the Australian Bureau of Statistics, there were 38,845 adults
who were held in Australian correction facilities in June 2016. This accounts for the rate of
national imprisonment at 208 prisoners per 100,000 adults and this rate was seen as an increase
in 6% as compared to the previous year (Bushnell and Wild, 2016). Based on the latest figures
published by the NSW Bureau of Crime Statistics and Research (BOCSAR), the rate of
incarceration in Australia is higher than other countries like the UK, Canada and other European
nations. In June 2017, 13,092 adults were locked up in prison and by next year, it is predicted
that this rate will cross 14000 (BOSCAR, 2017). This increase is seen despite a fall in rates of
crime. Since 2001, the rates of crime in Australia has been on a steady decline. However, the rate
of imprisonment during these years has increased by 30%.
All these increases in rates of incarceration have resulted in nothing but an increase in the rates
of expenditures on the prison. Currently, $109,500 per year is the cost of putting a criminal
behind bars. It is important to point that the criminal justice system in Australia is providing
worse value to the Australians in terms of spending when compared to other countries. However,
the other countries in which such higher costs were found include Norway, Sweden and the
Netherlands. These three countries are now renowned for adopting rehabilitative approaches
which resulted in a rapid decline in the prison population (Flynn, et.al., 2016). The Government
may be of opinion that the increase in a number of incarceration may decrease the offences but
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this is not true. The underlying problem in the system of Australia are results of ‘socio-cultural
factors and prison policy’. Therefore, an increase in the rates of incarceration in Australia and an
increase in the spendings on prison are the major flaws of the Australian Criminal Justice System
which must be addressed (Jewkes, et.al., 2016).
Topic: Average annual per prisoner cost, available OECD countries 2015 (2015 A$)
Source: (Bushnell, 2017).
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Major Issues responsible for the failure of the Justice System
Often, incarceration is seen as the end result of failure to address social issues such as
homelessness, health, poverty and inequality. Based on certain studies on people who have been
in prison, their lives before going to prison was characterised as mental illness, non-supportive
personal relationships, alcohol and drug abuse, difficulties in finding employment, lack of proper
education and poverty. All these factors led them to become offenders and resulted in the
occurrence of criminal activities. These are various other issues that are resulting in an increase
in rates of incarceration (Avery, and Kinner, 2015).
The most common cause is seen to be the practices of release or rehabilitation. The offenders are
seen to return to prison due to unstable employment or accommodation, limited social or family
support, addiction of drugs or alcohol and the difficulties post-release such as lack of access to
services or finances. It has been identified that amongst all the offenders released from prisons,
only 7 % are provided access to Offender Reintegration Support Services programs. Further, the
available programs are not adapted according to the requirements of various groups, such as
Aboriginal and Torres Strait Islander people, women or young people. They are offered the
services which are difficult to access or which may not be appropriate according to their
circumstances. Further, indigenous prisoners, women or young offenders with mental illness are
also found to be facing challenges with rehabilitation in the prison system (Honorato, et.al.,
2016).
Another cause of the increase in rates of incarceration is Juvenile Justice. The criminal justice
system in Queensland has been treating the 17-year-olds as adults, contrary to the obligations
under Australia’s international human rights. When the young offenders are incarcerated in
prison of adults, it often exposes them to the negative influence of older or more experienced
offenders. It becomes a potentially dangerous environment for them.
The other cause for such increase in incarceration is policies of bail and remand. With the
introduction of changes in the criminal justice system, offenders are facing challenges in
complying the strict condition of bail. Further, when the offender is unable to meet the
conditions of bail, he may be remanded for technical or conditional breach of bail. There has
been a decrease in the grant of bail lack of any responsible adult to take care or absence of an
appropriate accommodation (Clinton, 2017).
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Another major factor of such an increase in incarceration is the policy of ‘tough on crime’. This
policy is pursued in most jurisdictions. In a study, it was identified that the South Australian
Government is working according to this policy and it is resulting in an increase in the number of
prisoners and extra cost (Flynn, et.al., 2016).
Therefore, it can be stated that the prison system is tasked with various purposes such as
protection, rehabilitation, punishment and deterrence. All these factors are playing a significant
role in increased expenditure under the criminal justice system.
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Recommendations
The criminal justice system of Australia is outperformed in the various categories when
compared with other developed countries. This outperformance is seen even after a high level of
investment in police and corrections. It is important to realise that the costs are increasing but the
confidence of the community in its safety is decreasing and this brings out the need to change
something. There are certain steps that can be taken in order to rationalise the criminal justice
system so that it would be able to contribute more to the safety of the community. Certain
recommendations for steps required to be taken are as follows:
 The growing rates of incarceration and various other associated costs can be reduced by
introducing reforms in punishment. The resources of prisons must be centred towards the
criminals who pose the maximum danger to society. Alternatives to incarceration must be
implemented. Such alternatives may include community services, home detention,
restitution orders or fines. This will help in reducing the high cost of incarceration.
 The per capita police numbers are high in Australia, yet the community members do not
feel safe. It suggests that the resources of police must be targeted more accurately,
particularly where there is the potential of most effective outcomes. For example, the
resources of police must be diverted to the postcodes where the crime is usually known to
take place or originate (Bartels, 2017).
 It is well known that there is a high level of recidivism in Australia and it needs to be
addressed. The country spends a high amount of money and resources on per prisoner.
This suggests that there is no lack of resources and therefore, it is important to divert
spending of those available resources to the implementation of better ways to reduce
reoffending. Particularly, it is important that the resources are concentrated towards
preparing the prisoners to become an efficient workforce. The main reason is
employment may reduce the chances of reoffending. Further, the Government must
consider improving and implementing systems of tracking of released prisoners
(Bushnell, 2017).
 Lastly, the problems relating to incarceration in Australia are not unique. Therefore, the
authorities may consider learning lessons from other jurisdictions such as the United
States or other states.
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Implementation of Recommendations
For the purpose of implementation of recommendations, the following steps can be taken:
 Justice Reinvestment: An independent justice reinvestment body must be established
with the main objectives to promote the resources reinvestment. Such reinvestment can
be done from the criminal justice system to place-based or community-led initiatives in
order to address the drivers of incarceration and crime. The body must also aim to
provide expertise on the implementation of reinvestment strategies.
 Prison programs and parole: Prison programs must be developed by authorities in
order to address the offending behaviour of prisoners and preparing them for release.
Access to these programs must be provided to prisoners serving short sentences or held
on remand and female Aboriginal and Torres Strait Islander prisoners (Australian Law
Reform Commission, 2017).
 Alcohol and drug use: Consumption of drugs or alcohol are the major drivers of crime
or offences. The authorities must address issues of excess consumption of alcohol or
consumption of drugs. The initiatives must be taken to reduce the consumption of alcohol
or drugs includes development and implementation of local liquor accords and plans must
be developed to reduce full strength alcohol sale.
 Community-based sentences: Access to community-based sentencing options must be
increased. Such access to the offender with complex needs will result in a reduction in
rates of reoffending. The sentences which are community-based must be made culturally
appropriate. The geographic reach of community-based sentencing options must be
expanded, particularly in remote and regional areas. In the event of the absence of an
appropriate community sentence, short or suspended sentences must not be abolished.
 Police Accountability: It is important to review the procedures and practices of police to
ensure that the law is enforced equally and fairly. The confidence of members of the
community in police must be enhanced by an improvement in complaint handling
processes. For this purpose, mechanisms of complaint handling must be reviewed to
ensure accountability, transparency and independence (BOCSAR, 2017).
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Conclusion
From the study of the report, it can be concluded that nationally the rates of crime are decreasing
but the rates of incarceration are increasing. The police are more but so are the fears of security.
The rate of return of released prisoners to the prison is also high. Here, it can be established that
there is an urgent need of recalibrating criminal justice system in Australia. By almost every
measure, the correction systems of Australia are failing to serve their main purpose: to
rehabilitate, correct and deter others. The criminal justice system of Australia can be referred to
as bent if not broke. Looking at the statistics of crime in Australia, it is important for the
Government to consider alternatives to prison. It is important to correct the wrong instead of
warehousing the offenders. The Government must now take big steps to keep the community
safe and decrease the rates of incarceration at the same time.
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References
 Australian Law Reform Commission, (2017). Pathways to Justice-an Inquiry Into the
Incarceration Rate of Aboriginal and Torres Strait Islander Peoples. Australian Law
Reform Commission.
 Avery, A. and Kinner, S.A., (2015). A robust estimate of the number and characteristics
of persons released from prison in Australia. Australian and New Zealand journal of
public health, 39(4), pp.315-318.
 Bartels, L., (2017). Criminal justice law reform challenges for the future: It’s time to curb
Australia’s prison addiction. New Directions, p.119.
 BOCSAR, (2017). New South Wales Custody Statistics Quarterly Update June 2017.
Department of Justice.
 Bushnell, A., (2017). Australia's criminal justice costs: An international
comparison. Institute of Public Affairs.
 Bushnell, A., and Wild, D., (2016). The Use of Prisons in Australia: Reform Directions.
[Online]. Institute of Public Affairs. Available at:
https://ipa.org.au/publications-ipa/research-papers/the-use-of-prisons-in-australia-reform-
directions [Accessed on 6 March 2019].
 Clinton, J.F., (2017). Australia’s prison system isn’t working. It needs urgent attention.
[Online]. The Courier Mail. Available at:
https://www.couriermail.com.au/rendezview/australias-prison-system-isnt-working-it-
needs-urgent-attention/news-story/3582f3f41e9fbd9f5023eb6999a7fd36 [Accessed on 6
March 2019].
 Flynn, C., Naylor, B. and Fernandez Arias, P., (2016). Responding to the needs of
children of parents arrested in Victoria, Australia. The role of the adult criminal justice
system. Australian & New Zealand Journal of Criminology, 49(3), pp.351-369.
 Honorato, B., Caltabiano, N. and Clough, A.R., (2016). From trauma to incarceration:
exploring the trajectory in a qualitative study in male prison inmates from north
Queensland, Australia. Health & Justice, 4(1), p.3.
 Jewkes, Y., Crewe, B. and Bennett, J. eds., (2016). Handbook on prisons. Routledge.
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