Pathways to justice in the APY Lands: breaking the cycle of offending

Abstract

ABSTRACT In 2017 the Australian Law Reform Commission released the Pathways to Justice report, an inquiry into the incarceration rate of Aboriginal and Torres Strait Islander peoples. The Commission found that ‘community reinvestment’ strategies were needed to redress the disproportionately high incarceration rates experienced by Indigenous people. Previous strategies involved attempts at pluralising the mainstream criminal justice system, such as by mandating the use of English language interpreters and Aboriginal Justice Officers. However, the example of the Anangu Pitjantjatjara Yankunytjatjara (APY) Lands demonstrates that these efforts have had limited success in curbing offending and resulting incarceration. The cultural alienation and physical dislocation of the mainstream criminal justice system from APY communities has perpetuated barriers to justice, as seen in the difficulty of accessing interpreters and the occurrence of convenience pleas. To best deliver justice, prevent recidivism and reduce incarceration in Indigenous communities, this article supports the central recommendation of the Pathways to Justice report that mainstream criminal justice resources be transferred into community-led programs.