This report makes recommendations for the government to reduce Aboriginal and Torres Strait Islander women's over-imprisonment.

Human Rights Law Centre and Change the Record Coalition, 'Over-represented and overlooked: the crisis of Aboriginal and Torres Strait Islander women's growing over-Imprisonment' (Report, May 2017)

The law places limits on how police operate. Within those limits, police have a large amount of discretion about how they act. The way police use their discretion shapes people’s experiences with the criminal legal system and has been repeatedly linked to the over-representation of Aboriginal people in custody.

Police discretion

The law gives police the power to stop and search people and says how those searches must occur. In some circumstances this can include strip searches or searches under Firearm Prohibition Orders. Aboriginal and young people are disproportionately subject to these searches.

Pre-emptive policing: Police searches

Diversions are options that police can use to prevent people from entering or continuing in the criminal legal system. Law and policy place some conditions on when diversions can be used. Police also have discretion about whether to use diversions. Research shows that diversions are underused for Aboriginal people, especially...

Document

Human Rights Law Centre and Change the Record Coalition, 'Over-represented and overlooked: the crisis of Aboriginal and Torres Strait Islander women's growing over-Imprisonment' (Report, May 2017)

Police discretion

Pre-emptive policing: Police searches

Policing and diversions