The case for single cells and alternative ways of viewing custodial accommodation for Australian Aboriginal peoples

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2008

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Grant, E.
Memmott, P.

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Flinders Law Journal, 2008; 10(3):631-646

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Elizabeth Grant and Paul Memmott

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Abstract

Until recently there was an assumption that Australian Aboriginal prisoners should be accommodated in dual occupancy or dormitory accommodation while in custody to best meet cultural needs, primarily to prevent social isolation. This historical assumption is reflected in the national guidelines for prison accommodation, various coronial and royal commission recommendations for both police and prison accommodation and evolved from the problem solving approaches to the custodial arrangements of Australian Aboriginal peoples instituted by custodial agencies and stakeholder consultations with Aboriginal groups. This paper presents the findings from the first empirical study of the needs and preferences of Australian Aboriginal prisoners in custody suggesting that certain types of shared and dormitory accommodation present a myriad of complex implications for Aboriginal prisoners. It suggests shared or dormitory accommodation may not be the most favourable or preferred model for accommodating Aboriginal prisoners and may be a simulacrum in meeting the needs of Aboriginal prisoners for living as a social group. The paper presents new understandings and a number of socio-cultural options for viewing custodial accommodation which have significance to prisoner outcomes at various end-points in the criminal justice system.

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