The ‘Stories that Matter’ project aims to build a better understanding of Aboriginal and Torres Strait Islander people’s experiences of the criminal legal system (CLS), using yarning sessions with Indigenous people with lived experience and service providers working in this field, in Western Australia, the Australian Capital Territory and Victoria. This research report describes the experiences.

The findings confirm the lasting impacts of colonisation and intergenerational trauma, which create the conditions that lead Indigenous people into engagement with the criminal legal system. Findings also demonstrate ongoing systemic bias and discrimination throughout the criminal legal system, undermining the trust of Indigenous people. 

The project delivers a strong and shared message that reform is only possible if it is led by, and undertaken in collaboration with, Indigenous people. The research reinforces the need for government agencies and researchers to support and contribute to Indigenous self-determination.

Key findings

• Aboriginal and Torres Strait Islander people described discrimination and feelings of being overpowered, disrespected and treated unfairly during their contact with the CLS. This affected them during contact with police, when attending court and during incarceration.
• Most were young when they had their first contact with the CLS, which they described as negative and lacking understanding and cultural awareness. Their engagement with and belief in the system continued to be low.
• There were limited opportunities (e.g. employment) and support (e.g. accommodation) for persons following contact with the CLS, which sometimes led back to crime and drug use. Those who had desisted identified occasions where the system had worked cohesively to support their needs.
• Participants suggested that areas for improvement or change include cultural awareness among non-Indigenous CLS personnel, involvement of community and Elders in the CLS, reconnection with culture through prison or community-based programs, support for families of those in contact with the CLS and recognition of the right to self-determination.