Unsentenced prisoners make up a third of Australia’s prison population as bail refusals boom

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Advocates urge overhaul of strict bail laws in Victoria and elsewhere to ensure people aren’t needlessly funnelled into jail

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has the fastest growing population of unsentenced people in Australia, with the cohort increasing from 18.5% of all of the state’s prisoners to 43.9% in 2021.

“It’s a deeply flawed argument because we know the experience of prison, in any form, makes it more likely that someone will go on to reoffend,” she said. For Indigenous prisoners, the proportion of those who were unsentenced rose from 23.5% in 2011 to 36.2% in 2021, compared to 22.9% to 34.7% for non-Indigenous people over the same period.Jamie McConnachie, the executive officer of the National Aboriginal and Torres Strait Islander Legal Services, said the “mass incarceration” of First Nations people was “causing immense harm to our communities and represents an urgent human rights crisis”.

Legal groups have described Victoria’s bail laws – tightened after the 2017 Bourke Street massacre – as the most onerous in the country.

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