This bulletin examines the differences in the rates that police either issue a cannabis caution or a charge Aboriginal and non-Indigenous adults in NSW.

Adam Teperski and Sara Rahman, 'Why are Aboriginal adults less likely to receive cannabis cautions?' (2023) 258 Crime and Justice Bulletin 1

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

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...

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Adam Teperski and Sara Rahman, 'Why are Aboriginal adults less likely to receive cannabis cautions?' (2023) 258 Crime and Justice Bulletin 1

Police discretion

Policing and diversions