Policing and detention

The criminal legal system should make our communities safer. But abuse of powers by police and detention authorities causes profound harm and erodes community trust.

The Justice and Equity Centre provides critical oversight of NSW Police, prisons and youth detention centres, to protect human rights and ensure fair and lawful treatment.

Heavy-handed law and order approaches are too common in NSW. Already marginalised communities are over-policed and over-incarcerated, resulting in cycles of criminalisation and disadvantage.

Our policing and detention team exposes and challenges inappropriate and unlawful practices, particularly those disproportionately impacting Aboriginal and Torres Strait Islander people, young people and people experiencing homelessness.

Over policing of First Nations communities

Working in collaboration with First Nations partner organisations, we call out discriminatory police practices that impact Aboriginal and Torres Strait Islander communities – practices that are driving the shamefully disproportionate rates of arrest and imprisonment of First Nations adults and children.

We stand with First Nations peak organisations and advocates to demand First Nations involvement in decision-making to reform policing practices and legal system responses that heavily impact their communities.

Read more about our work to expose and challenge discriminatory policing.

Over policing of young people

Young people are regularly targeted by police and  may not understand their legal rights.

We represent young people who have experienced harassment or unlawful treatment by police, to get them justice and compensation. Our casework informs our advocacy to drive system change, so fewer young people are harmed by police in their interactions.

Our successes include securing a class action settlement for more than 50 young people falsely imprisoned because of NSW Police data failures, and overturning the secretive and oppressive Suspect Target Management Program, responsible for on-going police harassment and unlawful targeting of young people.

Protecting the rights of young people in detention

Children and young people from communities experiencing marginalisation and disadvantage are overrepresented in Australian prisons and youth detention centres, including people with disability, Aboriginal and Torres Strait Islander people, and people who have experienced homelessness.

Our youth detention work provides oversight of practices in youth detention centres, to ensure young people are treated with dignity and respect.

Detaining children and young people causes life-long harm and should only ever be a last resort. Our work seeks to ensure that children in detention are treated appropriately for their age and retain their rights to contact with family and legal services, in accordance with international law.

A particularly harmful practice we challenge is the use of solitary confinement. Locking a young person alone in a cell for days on end is not just inhumane, it has serious and lasting effects on physical and mental health. It is rightly prohibited by international law – but widely practiced in Australian youth detention facilities.

News and resources

News
JEC Solicitor Kate Sinclair joined 2SER to explain why locking up kids isn't working.
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Our CEO told ABC NSW Drive the NSW Government must stop locking up children and invest in communities instead.
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We joined ALS in calling out the failure of the NSW Government's law and order approach to community safety.
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Principal Solicitor Jonathan Hall Spence expressed concerns over the high numbers of Aboriginal people being subject to a little known police search power.
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We joined an alliance of legal and community experts saying a Coalition bill calling for tougher child bail laws will backfire and increase crime.
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Our CEO Jonathon Hunyor explained to the SMH why the NSW review into doli incapax is a distraction from the real issues.

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