The Guardian
A report has found a discrepancy in the state’s cautioning scheme designed to keep people out of court for low-level cannabis offences
Indigenous offenders are far less likely to receive warnings for low-level cannabis offences due to the restrictive eligibility criteria of the New South Wales cautioning scheme, a trend described by the state’s crime statistics bureau as “concerning”.
The state’s cannabis cautioning scheme is designed to keep individuals out of court for minor cannabis offences, instead directing them towards treatment and support.
Guardian Australia has previously revealed a glaring discrepancy in the way police hand out cautions to Indigenous and non-Indigenous offenders, with Indigenous offenders far more likely to be pursued through the courts.
In a report released on Wednesday morning, the NSW Bureau of Crime Statistics and Research confirmed the Guardian’s reporting and found a 32.2 percentage point difference in cautioning rates between all Indigenous and non-Indigenous people for minor cannabis offences. The cautioning rate for Indigenous offenders was 11.7% compared with 43.9% for non-Indigenous offenders.
The report found the major reason for the discrepancy was the varying eligibility rates for the scheme, rather than any “overt differential treatment”.
About 78% of Indigenous Australians who were pursued for low-level cannabis offences were ineligible for a caution, compared with 45% for non-Indigenous offenders. Ineligibility for a caution was usually due to a prior drug, violent or sexual offence, which explicitly prevents police from issuing cautions.
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