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The Canberra Times
The Canberra Times
Jasper Lindell

Justice system overhaul needed to break prison's 'cycle of harm' in ACT

The Alexander Maconochie Centre, Canberra's prison. Picture by Karleen Minney

The ACT's criminal justice system is in urgent need of reform to slow the growth of the prison population and reduce the overrepresentation of First Nations people behind bars, a report has found.

The Justice Reform Initiative - which is backed by senior legal figures, former members of the Legislative Assembly and a former chief police officer - said more investment was needed to prevent Canberrans becoming involved in the criminal justice system.

The system relies too heavily on incarceration as a default response to both disadvantage and offending, trapping people unnecessarily in "a cycle of of harmful and costly incarceration".

"We need to embrace a criminal justice model that genuinely relegates prisons to a position of last resort, and instead centres on community-led interventions that work to break cycles of disadvantage, reduce reoffending, and build safer communities," the report said.

The overuse of pre-trial imprisonment also needs to be addressed, as the number of prisoners on remand in the ACT has more than doubled from a decade ago.

"The key issue highlighted in this report is that incarceration is not only expensive but it is also ineffective," the group said.

"There is a need for government expenditure to be redirected to community-led programs, services and supports that are using evidence-based practices to reduce incarceration."

Changes to the system could reduce reoffending and save millions of dollars a year, the report, to be released on Monday, said.

Professor Lorana Bartels and Gary Humphries, who are both patrons of the Justice Reform Initiative. Picture by James Croucher

The advocacy group's report, which draws on government figures, notes the ACT's prison population had grown by 46 per cent in the past decade, and the territory has the nation's highest rate of prior imprisonment.

Seventy-seven per cent of people in the ACT's jail have been incarcerated before. Of those who were Aboriginal and Torres Strait Islander, 92 per cent had been imprisoned previously.

The group - whose patrons include former Liberal chief ministers Kate Carnell and Gary Humphries, the Director of Public Prosecutions Shane Drumgold SC and acting ACT Supreme Court Justice Richard Refshauge - said the ACT could lead a national shift of justice policies.

"The ACT government has an opportunity to lead Australia in moving away from ineffective 'tough-on-crime' approaches and elevating evidence-based programs that work to reduce incarceration and decrease recidivism," the group's report said.

Justice Reform Initiative executive director Dr Mindy Sotiri said breaking the cycle of incarceration required sustained investment in effective, holistic and evidence-based support services.

"The ACT has shown a willingness to engage and commit to evidence-based policy where other jurisdictions lag behind. We now need these policies to be put into action with funding and staff to make a difference," Dr Sotiri said.

"Breaking the cycle of incarceration doesn't happen overnight. It requires ongoing investment in effective, holistic, community led and evidence-based support for people who have contact with the criminal justice system."

The group's report, which drew on information released by the Productivity Commission, noted Aboriginal and Torres Strait Islander adults living in the ACT were 21 times more likely to be in prison than the non-Indigenous population.

Indigenous children are 12 times more likely to be detained than non-Indigenous children in the territory.

The report noted it clost $190,796 to jail a person in the ACT for a year, up from $107,076 in 2013-14.

"Imprisonment is an expensive model that increases the likelihood of ongoing criminal justice system contact," the report said.

"There is considerable evidence that investing in housing, accessible treatment for alcohol and other drug abuse, mental health and disability support, and community development is more effective in terms of cost and community safety."

Other ACT patrons of the Justice Reform Initiative include University of Canberra chancellor Professor Tom Calma, Australian National University criminology expert Professor Lorana Bartels, former deputy chief minister Simon Corbell and former ACT director of public prosecutions and Supreme Court justice Dr Ken Crispin KC.

Former ACT chief police officer Rudi Lammers and ACT Human Rights Commission president Dr Helen Watchirs are also patrons of the group, along with Dr Michael Moore, a former independent member of the Legislative Assembly.

The Justice Reform Initiative in October said the ACT needed to avoid "knee-jerk" reactions on bail and parole and should not introduce mandatory sentences for dangerous driving.

The group's call followed significant sustained community pressure on the government to toughen laws after a series of fatal crashes on Canberra's roads.

"It is very clear that prison is ineffective when it comes to controlling crime or protecting the community ... Imprisonment often leads to more crime - not less," the group said at the time.

Professor Bartels and Mr Humphries in January called for safer driver training to be made free to make the roads safer, instead of tougher penalties.

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