First Nations Peoples in the forensic mental health system in New South Wales: Characteristics and rates of criminal charges post-release

Author:

Dean Kimberlie12ORCID,Lyons Georgia1ORCID,Johnson Anina1,McEntyre Elizabeth3

Affiliation:

1. Discipline of Psychiatry & Mental Health, School of Clinical Medicine, University of New South Wales, Sydney, NSW, Australia

2. Justice Health and Forensic Mental Health Network, NSW, Australia

3. Aboriginal-Led Research Consultant, Tea Gardens, NSW, Australia

Abstract

Background: It is well established that First Nations Peoples in Australia are overrepresented within the criminal justice system. However, First Nations Peoples appear to be comparatively underrepresented in the forensic mental health system, and little is known about their outcomes once released from secure care. Objective: To compare the characteristics and rates of repeat criminal justice contact for a criminal charge of First Nations and non-First Nations forensic patients in New South Wales. Methods: Data on the sample were extracted from the New South Wales Mental Health Review Tribunal paper and electronic files matched to the Bureau of Crime Statistics and Research Reoffending Database. Characteristics of First Nations and non-First Nations patients were compared using univariate logistic regression analysis. Univariate and multivariate Cox proportional hazard regression was used to determine predictors of post-release criminal charges. Results: Key differences in the sociodemographic, clinical and forensic characteristics of First Nations compared with non-First Nations forensic patients were identified. The time to first criminal justice contact following release was significantly shorter for First Nations forensic patients ( p < 0.01). Conclusion: The findings of this study confirm that First Nations forensic patients have distinct and complex needs that are apparent at entry to the forensic mental health system and that their poorer criminal justice contact rates following release from secure care indicate that these needs are not being adequately met either during treatment or once in the community. Responses to these study findings must consider the complex and continuing impact of colonisation on First Nations Peoples, as well as the need for solutions to be culturally safe.

Funder

Mental Health Commission of New South Wales

National Health and Medical Research Council

Publisher

SAGE Publications

Subject

Psychiatry and Mental health,General Medicine

Reference29 articles.

1. Do programs for Aboriginal and Torres Strait Islander people leaving prison meet their health and social support needs?

2. Aboriginal Justice Victoria (2022) Underlying causes of Aboriginal over-representation. Available at: https://www.aboriginaljustice.vic.gov.au/the-agreement/aboriginal-over-representation-in-the-justice-system/underlying-causes-of-aboriginal (accessed 15 November 2022).

3. Evaluating Patient Experience at a Novel Health Service for Aboriginal and Torres Strait Islander Prisoners: A Pilot Study

4. Australian Bureau of Statistics (ABS) (2011) Australian and New Zealand Standard Offence Classification (ANZSOC). Available at: www.abs.gov.au/ausstats/abs@.nsf/mf/1234.0 (accessed 6 July 2022).

5. Australian Bureau of Statistics (ABS) (2020) Prisoners in Australia. Available at: www.abs.gov.au/statistics/people/crime-and-justice/prisoners-australia/2020 (accessed 6 July 2022).

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