Interjurisdictional differences in Australian imprisonment rates: Sentencing or arrest rates?

Abstract

There are stark and enduring differences between the Australian States and Territories in their rates of imprisonment. The Australian Capital Territory, for example, has an imprisonment rate of 113/100,000 population. The Northern Territory imprisonment rate is more than 8 times the Australian Capital Territory rate, and 41% higher than the imprisonment rate in Louisiana; the US state with the highest imprisonment rate in that country. The disparity is not limited to the Australian Territories. The imprisonment rates of Western Australia, Queensland, South Australia, and New South Wales are between 1.5 and 2.4 times higher than the Victoria rate. The aim of the present article is to determine whether the lower rate of entry into Victorian prisons is due to less frequent use of imprisonment or a lower arrest/court appearance rate. We find that the principal reason is a lower court appearance rate, particularly in relation to traffic and vehicle regulatory offences, justice procedure and related offences, burglary/break and enter, and illicit drug offences.