A royal commission in 1991 investigated Aboriginal deaths in custody over a 10-year period, giving 339 recommendations. This Royal Commission was established in October 1987 in response to a growing public concern that deaths in custody of Aboriginal people were too common and public explanations were too evasive to discount the possibility that foul play was a factor in many of them. On August 6, 1987, Boney was violently arrested by three police officers for breach of bail. The reports from the Royal Commission into Aboriginal Deaths in Custody are published online as part of Austlii’s Indigenous Law Resources: Reconciliation and Social Justice Library. Associate Professor in Law, University of Technology Sydney No attempt was made to separate Boney’s arresting officers between interviews, providing them opportunities for “The local Aboriginal community was suspicious of the police for their role in the death. Commission into AboriginAl DeAths in CustoDy by Hal Wootten AC QC A former member of the Royal Commission. Today they make up 27% (2,300 for every 100,000). Thalia Anthony receives and has received funding from the Australian Research Council, the Criminology Research Council and the Australasian Institute of Judicial Administration.In 1987, Bob Hawke announced a royal commission into the deaths of Aboriginal people in custody.Sergeant Chris Hurley was the first police officer to face prosecution for a death in custody, after the death of Mulrunji Doomadgee. It … It had to consider how and why each person died, including underlying social factors. The commission was asked to examine 99 deaths between 1980 and 1989. Public agitation for a Royal Commission was led by members of the Aboriginal community. And many of its recommendations sought to promote Indigenous self-determination in order to strengthen communities and provide services more appropriate to the needs of Indigenous people.In its first task, the commission examined each stage of the criminal justice system. But its dichotomy is false.Nonetheless, the commission sought to explain Indigenous contact in terms of disadvantage and disempowerment. But the coroner found Boney had committed suicide with “no suggestion at all of foul play”. 2.2 In 1995 there were 22 Aboriginal deaths in custody, the highest number since the Royal Commission. Its report called for a holistic and systemic approach, but there have only been ad-hoc and provisional piecemeal changes. Some blame the lack of commitment by the various governments to properly implement its recommendations; others blame the Commission, saying it was too constrained by its mandate and so could not possibly have achieved the necessary reforms to tackle the marginalisation of Indigenous people.An in-depth analysis of RCIADIC by Elena Marchetti, Senior Lecturer at Maximum prison penalties and mandatory prison sentences have escalated. The right to bail has been undermined with increasing exceptions (for property offences as an example). It described previous police and coronial inquiries into the deaths as “perfunctory” and “narrow” in focus.Its final report, tabled on April 15, 1991, found Indigenous people were more likely The commission saw the issue as twofold: problems in the criminal justice system; and the reasons for Indigenous people coming into contact with that system. Indeed, the finding that the life styles of the Aboriginal people who died in custody, along with the procedures adopted by custodians and others, are the central determinants of their deaths ...highlights the importance of the Royal Commission' s broad enquiry into the position of Aboriginal people in Australia today and the ways that Aboriginal people are handled by the police and criminal justice systems.It found that the circumstances of each death were very varied (with 63 occurring police custody, 33 in prison custody and 3 in juvenile detentionThe Royal Commission reported that Aboriginal people in custody died at about the same rate as non-Aboriginal people in custody, but the rate at which they came into custody was much higher, in particular police custody, so the 99 deaths represent that over-representation.Aboriginal disadvantage is considered: "By all the indicators...Aboriginal people are disadvantaged when compared with any other distinct group in Australian society and with the society as a whole".

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