Indigenous Deaths in Custody

Part B - Statistical Analysis

Chapter 2. Indigenous Deaths in Custody
Chapter 3. Comparison: Indigenous and non-Indigenous Deaths in Custody
Chapter 4. Arrest and Imprisonment Rates and Most Serious Offence

Chapter 3 Comparison: Indigenous and Non-Indigenous Deaths

Summary

3.1 Indigenous people were 16.5 times more likely than non-indigenous people to die in custody between 1990 and 1995. This rate reflects the disproportionately high number of Aboriginal and Torres Strait Islander people in custody.

3.2 The disproportion in the rate of death was the highest in South Australia (31.7) followed by Victoria (18.8), New South Wales (17.0), Queensland (16.8), Northern Territory (7.7) and Tasmania (2.8).

3.3 Indigenous prisoners were 1.26 times more likely to die in prison than non-Indigenous prisoners.

3.4 Indigenous people who died in custody are significantly younger than non-Indigenous people. The rate of death for Indigenous women in custody was higher than the corresponding rate for Indigenous men.

3.5 The proportion of deaths in police and prison custody was similar for Indigenous and non-Indigenous people. Approximately one-third of deaths occurred in police custody while two-thirds of deaths occurred in prison.

3.6 Deaths from police pursuit have increased for both groups while deaths in police institutional settings have declined.

3.7 Indigenous people were more likely to die from natural causes while non-indigenous people were more likely to die from gunshot and drug overdoses.

Introduction

The causes of Indigenous deaths in custody is linked to both causes behind non-Indigenous deaths in custody and special issues affecting Indigenous people. This chapter compares the characteristics of Aboriginal and non-Aboriginal deaths in custody from 1990 to 1995. The Australian Institute of Criminology supplied statistics on non-Indigenous deaths in custody. As the data analysis was conducted post-Royal Commission there is no need to distinguish between deaths occurring in institutional settings and police pursuit.

1. Death Rates per General Population

Table 3.1 presents the number of Indigenous and non-Indigenous deaths in custody between 1990 and 1995. Non-Indigenous deaths rose in the early 1990s and have subsequently levelled. Indigenous deaths followed an opposite pattern.

The rate of deaths per 100,000 of the general population for each group is shown in Table 3.1. The death rate for indigenous people was 5.65 per 100,000 of the general Aboriginal population. The rate for non-Aboriginal people was 0.3. The ratio of these rates indicates that Aboriginal people were 16.5 times more likely to die in custody. This rate reflects the disproportionate numbers of indigenous people in custody, as will be discussed in chapter 4.

Table 3.A1 in the appendix to this chapter divides the above figures into deaths in police and prison custody. Between 1990 and 1995, Aboriginal people were 14.7 times more likely to die in police custody and 17.4 times more likely to die in prison.

Table 3.2 presents the average death rate and over-representation rate for each jurisdiction in the period 1990 to 1995. The over-representation rate is the highest in South Australia, where Indigenous people are 31.7 times more likely to die in custody. The rate is the lowest in Tasmania and the Northern Territory. The other jurisdictions are closer to the national average.

2. Death Rates per Custodial Population

Table 3.3 shows the rate at which Indigenous and non-Indigenous people died in prison compared to prison populations. Table 3.2 presents the rate of death per 1000 prisoners each year. The average rate of death for the period 1990 to 1995 was 3.38 for Aboriginal people and 2.69 for non-Aboriginal people. Aboriginal prisoners are therefore 1.26 times more likely to die in prison than non-Aboriginal prisoners.

With regard to deaths in police custody, figures on police custody since 1992 are not available. The Australian Institute Criminology will shortly release figures from the 1995 Australian Police Custody Survey. They will also provide information of death rates. ¹

3. Age

The average age of Aboriginal people who died in custody is 29.2 years. This is five and half years less than non-Aboriginal people who die in custody who have an average age of 35 years. This difference is statistically significant. ² This figure reflects the earlier contact of Aboriginal people with the criminal justice system. ³

4. Gender

Female prisoners accounted for 11.3 per cent of Aboriginal deaths in custody but only 5.2 per cent of non-Aboriginal deaths in custody. The difference is statistically significant. ⁴ This is consistent with the fact that the disproportionate numbers of Aboriginal women is even greater than the disproportionate numbers of Aboriginal men in custody.

5. Custodial Authority

Table 3.5 illustrates that Aboriginal and non-Aboriginal deaths in police, prison and juvenile detention centres occurred in the same proportion. Deaths in police custody account for 35.0 per cent of Aboriginal deaths and 39.7 per cent of non-Aboriginal deaths in custody. The figures for prison are respectively 63.8 per cent and 59.2 per cent. Juvenile detention centres account for 1.3 per cent and 1.1 per cent of deaths. The differences are not statistically significant. ⁵ It is important to note that there has been a shift in the types of deaths in police custody. For both groups there has been a decline in the number of deaths in institutional settings and an increase in deaths resulting from police pursuit. ⁶ This has consequences for recommendations concerning police arrest practices. (See chapter 6.)

6. Jurisdiction

Figure 3.2 shows deaths in custody over the last six years for each jurisdiction. Indigenous and non-Indigenous deaths in custody have generally followed a similar pattern. However, in 1995 the proportion of Aboriginal deaths increased in New South Wales, South Australia and Western Australia. In Queensland, there has been an increase in non-Aboriginal deaths in custody while Aboriginal deaths have remained relatively constant.

Figure 3.1 Deaths in Custody by State: 1990-1995

7. Cause of Death

Table 3.6 breaks down causes of death for deaths in police custody. The differences between the three principal causes of death are not statistically significant. ⁷ The deaths from injury generally resulted police car chases and cases where Aboriginal people were arrested under the presumption of intoxication. Non-Aboriginal people were more likely to die from self-inflicted gunshot, hanging or injury while in police custody. 

Table 3.7 categorises causes of death in prison. Indigenous people were more likely to die from natural causes. Non-indigenous people were more likely to die from drug overdoses and injury. ⁹

In juvenile detention centres, the cause of the sole death of an Indigenous person was injury. The cause of death for three non-Indigenous people was self-inflicted, and one person died from injury.

Appendix

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ENDNOTES

1. Dalton, V., Brown, M., and D. McDonald, Australian Deaths in Custody and Custody-related Police Operations, 1995, Deaths in Custody Australia Series, Australian Institute of Criminology, No.12, May 1996 (‘AIC, Deaths in Custody 1995, No. 12').

2. t=3.33, df=447, p<.001. The data-set, as in section 3.6, is slightly different as the data was obtained at a later date from the AIC.

3. See chapter 9.

4. x²=4.16 (df=1, p<0.05).

5. A chi-square test of significance was conducted on the total number of Aboriginal and non-Aboriginal deaths between the custodial authorities: c2=0.61 (df=2, p>0.05).

6. See AIC, Deaths in Custody 1995, No. 12, op. cit., atp.8-9.

7. c2= 2.94 (df=2, p>0.22).

8. These figures were obtained just prior to publication. The AIC now reports an extra three deaths in police custody.

9. c2= 10.8 (df=2, p<0.005).

10. These figures were obtained just prior to publication. The AIC now reports an extra death in prison custody.

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A Report prepared by the Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner

for the

Aboriginal and Torres Strait Islander Commission