7.1        The Terms of Reference for this Inquiry ask the ALRC to consider the nature of offences resulting in incarceration.

7.2        Justice procedure offending is the third most common type of offending resulting in sentences of imprisonment for Aboriginal and Torres Strait Islander peoples.[1]  A considerable proportion of Aboriginal and Torres Strait Islander people imprisoned for Justice Procedure Offences (JPOs) have breached the conditions of their community-based sentences.

7.3        The high rate of breach of community-based sentences indicates that greater attention should be given to the provision of culturally appropriate, community-based sentencing options and support services. In this chapter, the ALRC highlights some of the programs and services currently in place, and proposes that governments work with Aboriginal and Torres Strait Islander communities to identify gaps, and create the infrastructure required to develop and deliver programs and supports. The ALRC also asks what more can be done.

7.4        Issues regarding breaches of bail and breaches of parole are dealt with in Chapters 2 and 5.