This research report is the first in a series of Sentencing Profiles which aim to investigate sentencing trends and patterns for specific groups of people in Queensland. This report focuses on the sentencing of Aboriginal and Torres Strait Islander peoples in Queensland and was developed in consultation with the Council’s Aboriginal and Torres Strait Islander Advisory Panel (the Advisory Panel). The report reflects the law at 1 February 2021.

Key Findings/Recommendations:

• Despite the best efforts of so many in government agencies, non-government agencies and individual communities, the numbers of our Aboriginal and Torres Strait Islander peoples in the criminal justice system seem intractably high. In fact, there is clearly an increasing rate of Aboriginal and Torres Strait Islander peoples being sentenced to imprisonment, despite the overall rates of Aboriginal and Torres Strait Islander offenders reducing over time.
• Cognitive impairment also increases the risk of criminal behaviour. For instance, foetal alcohol spectrum disorder, (FASD), refers to a range of effects that can result from pre-natal exposure to alcohol during pregnancy. FASD impacts cognitive functioning and behaviour in children that continues throughout adulthood. Often described as ‘invisible’, individuals with FASD may not show outwards signs of disability and are often under-diagnosed.Research shows that the proportion of children with FASD was higher among Aboriginal and Torres Strait Islander peoples compared to non-Indigenous Australians.
• The overpolicing of Aboriginal and Torres Strait Islander peoples has been identified as resulting in higher incidences of arrest, conviction and imprisonment. Aboriginal and Torres Strait Islander over-representation in prisons can also be explained by a number of factors, including that certain legislation and factors in judicial decision-making systematically increase the criminalisation of Aboriginal and Torres Strait Islander peoples. For example, legislation governing public places and alcohol give rise to indirect discrimination while factors in judicial decision-making, such as the weight given to prior offending and the availability of non-custodial orders, disproportionately affect Aboriginal and Torres Strait Islander peoples.