This morning Northern Territory Police Commissioner John McRoberts was due to appear before the NT Parliament’s Select Committee on Youth Suicides that held its first public sittings in Darwin yesterday.
Hopefully someone on the committee will ask McRoberts about these conclusions from one of the many submissions to the committee’s inquiry:
“… the over exposure of Aboriginal young people to over-policing practices, and the alienating nature of the current youth justice system, represent risk factors in a young person’s trajectory towards suicide … it is vital to reduce the disproportionate negative contact Aboriginal young people have with police and the youth justice system.
… current NT Police practices and the youth justice system predominantly operate in an anti-therapeutic fashion, negatively impacting on the social and emotional well-being of the young people with whom they have contact.”
That submission comes from Aboriginal Peak Organisations — Northern Territory (APO-NT), a powerful coalition of Aboriginal Land Councils and medical and legal services. A significant part of the APO-NT submission examines the role that the NT’s Police and the youth justice system play in relation to the horrendous rates of youth suicide in the NT.
Anyone in the Northern Territory with a pulse will be aware of the too early start that too many Aboriginal kids get to their criminal careers.
“… one point emerges with clarity no matter what the process of evaluation: Aboriginal juveniles are grossly over-represented in appearances in the juvenile justice system throughout the country.
“… Detention as a juvenile is in turn a critical determinant as to further progression to the adult criminal justice system.”
That was Elliott “the Red Silk” Johnston in his groundbreaking 1991 Report into Aboriginal Deaths in Custody.
Twenty years on, the APO-NT submission says that there has been little overall improvement, indeed the situation for Aboriginal youth may have deteriorated:
“In the period January to March 2011, Aboriginal young people accounted for 98 per cent of young people in juvenile detention in the NT. Correspondingly, across Australia, Aboriginal young people aged 12 to 24 years had suicide rates up to four times higher than non-Aboriginal Australians in the same age group. Between 2001-03 suicide rates for Aboriginal young people were 37 per 100,000 compared to 8 per 100,000 for non-Aboriginal young people.”
The APO-NT submission does not suggest that over-policing is the sole cause of the over-representation of Aboriginal youth in the criminal justice system in the NT, but does submit that is a significant factor, not least because Aboriginal youth are:
“… more rigorously monitored by police and subject to greater prosecutions than non-Aboriginal young people. Relationships between NT Police and young people are a crucial intersection of the youth justice system. Where these relationships are fractious, antagonistic, distrustful or hostile, there are serious implications for escalating situations of confrontation, and community safety generally.”
The consequences of these interactions are often dire — not least for the kids.
“… many CAALAS and NAAJA clients raise allegations of inappropriate police behaviour. These include the use of excessive force, s-xual impropriety, threats, intimidation and unlawful arrests and detention. Aboriginal young people are also the least likely to make complaints against police. Some young people fear reprisals, whereas others think there is no point because they will never be believed when opposed to police.
“Over-policing can result in Aboriginal young people being charged where non-Aboriginal young people would be warned, formally cautioned, or offered diversion.”
Other parts of the criminal justice system appear to fail Aboriginal youth in equal measure. The APO-NT submission says that the NT’s youth justice system is best characterised by its failings rather than its achievements.
The NT has no dedicated youth magistrates and the work of the Youth Justice Court is squeezed in between the usual DUIs, assaults and traffic matters that constitute the daily roster of the lower courts.
Too often this means that youth court users are seen as “mini-adults”, whose specific needs and distinct characteristics are effectively ignored.
APO-NT refers to several useful case-studies, including this comment by a magistrate to a young CAALAS client with manifest mental health issues:
“… many people feel extremely guilty after subjecting their partners to severe beatings, and often use their own behaviour as a way in which to get people to feel sorry for them … Many people act in suicide bids in order to blackmail those that want to separate from them. It’s common practice, and common in this town.”
Further issues arise in relation to bail for young offenders. Most young people in custody in the NT are on remand, the consequences of which — social isolation, family and community fracture, stigmatisation, disrupted education, cultural and work opportunities — are all significant suicide risk factors.
Diversion from the court system is a commonplace and successful part of youth justice systems elsewhere in the country. In the NT, in theory at least, diversion is available to all young offenders but diversion:
“… is not available in most regional and remote areas across the NT. Lack of access to diversion is likely to be one of the main reasons why Aboriginal young people are diverted at a lower rate, when compared with non-Aboriginal young people.”
APO-NT says this compounded by legislative provisions that give NT Police a power of veto over a magistrate’s decision to refer a young person to diversion.
Hopefully these and the many other issues within his remit that negatively affect access to justice for young offenders in the NT will be put to Police Commissioner McRoberts today. You can read the NT Police submission to the inquiry here.
Committee chair Marion Scrymgour told local ABC Radio yesterday:
“I’d worked for 12 years in the health sector prior to going into politics and to be confronted by an 11-year-old taking their own life, it certainly knocked me for six and I just thought this is just so wrong.”
The inquiry will hold further public hearings in Tennant Creek on Wednesday November 9 and in Alice Springs on Thursday November 10.
You can read submissions to the inquiry here.
* Support is available for people who may be feeling depressed or distressed. For 24-hour counselling, the following services are available: Lifeline 131 114, Mensline 1300 789 978 , Kids Helpline 1800 551 800.
I am all for some sort of joined up approach bringing together
the elements like justice, police , health, child welfare etc into a
coherent unit to address crisis families.
But let’s not pretend that the public has any confidence in a system
which will allow people of any age to get away with bashing old folk
or other heinous acts as they are doing in the West and no doubt
in the North.
DEATHS IN CUSTODY WATCH GROUP NTH QLD has been formed to make sure the simar situation to N.T over representation is acted on
We actively support the implementation of the Queensland Government’s 2011 – 2014 strategy to stop the over-representation of Aboriginal and Torres Strait Islander (A&TSI) people in custody
We have identified the following areas for our advocacy.
:
o Implement Traditional Healing processes within the prison’s framework that holistically addresses all issues affecting A&TSI people’s legal stance, mental and physical health, cultural and social endeavours in positive ways so as to create a physical and psychological safe environment during their time in custody;
o Identify and raise awareness of the multiple issues that can trigger criminal behaviour;
o Investigate laws that are implemented in a discriminatory manner and, work towards ending discriminatory policing;
o Address the current operations of the Police Liaison Officer’s (PLO’s) and the Community Justice Groups (CJG’s);
o Implement cross cultural education for person’s involved in the punitive process;
o Emulate educative and employment strategies for A&TSI Youth and adults that is happening successfully throughout Australia
All members in agreement
Discussion on the draft Group’s structure resulted in being:
o As individuals involved in the DICWG (FNQ) each of us have strengths and weaknesses within the way we decipher and act on issues within our circles of influence so that together, we can combine our strengths to act on issues that will bring about positive changes for all concerned;
o As a group, our structure is that of united agreement on meeting dates, times, venues, goals and objectives and, the way in which issues are raised and implemented so that we continue to strive for supporting one another in our efforts on an on-going basis;.
Discussion on issuing invitations to:
o Mr. Chris Cuneen and other members of the Cairns Institute within the James Cook University (JCU) to present their roles to our group meeting so that all of us can have clarity of their role within A&TSI criminal affairs.
o Police Liaison Officers (PLO’s) representing the Cairns Police;
o Aboriginal and Torres Strait Legal Aid (A&TSILA’s);
o Social Workers and Mental Health Personnel;
o Community Justice Groups (CJG’s);
o Cairns legal Centre;
We have a similar situationmirrorimage in NORTH QLD to N.T.
DICWG N QLD
ADVOCACY FOR JUSTICE
Link up
Link Up Cairns office. 18 Scott St Parramatta Park, Cairns Qld 4870. Ph: 07 4041 7403
beg 07 4041 7403 Fax: 07 4027 9665. Email: nthompson@qld.link-up.org.au
Last meeting decided to be an Advocacy Group with members using their experience and expertise to advocate in their sphere of influence. Some members are as follows
1. JEANIE LITTLE as an ATODS life member and counsellor and, cross cultural lecturer with community life experience will advocate for aboriginal capacity building and counselling. Waanyi tribe.
2. JACK WILKE JANS as a younger member will advocate for youth, employment opportunities, education and the Arts.
3. SYLVIA MC GREGOR with court advocacy, cell watch, experience, community life, link up, DOCS and difficulties of getting help for youth at risk will advocate in these areas. Cherbourg
3. SUE BARSTOW with education and training will advocate for, setting up economic opportunity programs and pastoral care programs to give education, employment and cultural identity. Adopted by thanaquith
4. Nick Thompson advocate for link up stolen generation. P.R. and liaise with Government Departments
5. JENNY Martens former ATSIC member and founder of many grass roots organisations yurra burra George Christian clan.
6. Phillip Barlow- ATSIC member and advocate for youth farm with ATSI women’s corporation, businessman and cultural tourism for US Univ students. Indinji
7. ANTHONY Too advocate for environment wilderness society ANTAR
8. JUDY Andrews Kuranda 10 years with FAPS friends and family of prisoners FOUNDATION MEMBER AND KNOWLEDGE OF LOCAL HISTORY WITH PRISON AUTHORITIES.
9. Juliwarra David and Christine Solomon Primary elder of the recent land given back Kuku Yalanji / Gugu Yalandji language
@WESTERN RED – Are you implying that this only happens in the aboriginal community? You might be interested to know, that next Tuesday I’m going to a seminar re the abuse of older people in the community – and I live in NSW in the Illawarra?
The facts are, that Australia jails more indigenous people NOW, than Sth Africa did under Apartheid – and we all know why that happened don’t we? I do, do you? One word – racism!
On Monday morning a friend who works in the criminal justice system sent me a note. I don’t agree with all the sentiments expressed here but I’ll post it in full:
“There are in fact designated Youth Justice Court magistrates for Darwin and the circuits run from Darwin (I think at the moment the Magistrates are Oliver, Fong-Lim, Morris, and the Chief Magistrate);
The YJC sits each Tuesday in Court 5 for callover, short matters and pleas, and each Friday in the same court for hearings (these Tuesday and Friday sessions are exclusively for youth matters) – urgent matters that have to be dealt with outside those days (e.g. bail applications) necessarily end up in a court list that will also be dealing with adult matters, but when a youth matter is reached the adult court is closed and the proceeding commenced and completed as a YJC matter under the Youth Justice Act (where the Magistrate will exercise significantly greater powers and have available more flexible sentencing options than would apply if it were a normal CSJ matter);
Most diversions take place before charging at the instigation of Police under s 37 of the Youth Justice Act and at that stage the issue of Police “veto over a magistrate’s decision to refer a young person to diversion” obviously doesn’t arise’.
As regards the exercise of a Magistrate’s power to refer a youth to diversion under s 64 of the Act, it is true that the consent of both prosecution and the youth is required, but prosecution consent is only withheld if one or more of the criteria in s 37(3) apply, in particular where the offence is a “serious offence” (see list of offences covered in regulation 3 in the Youth Justice Regulations, and note that pursuant to paragraph (c) unlawful entry isn’t included unless the offender is armed with a weapon, meaning that any unarmed break-and-enter first offender will almost certainly get diversion).
I am sceptical about any suggestion that things would be hunky dory if Police just “left those kids alone”, and I suspect that what is needed is in fact more but better-targeted and culturally savvy Policing.
Nevertheless, I think that the Police culture in the NT as regards treatment of Aboriginal people is better than it was 15 years ago and way better than it was 30 years ago.”
Thanks – and on a few points at least I stand corrected.