Indigenous people caught with small amounts of cannabis are hauled before the courts more than four times as often as non-Indigenous offenders, a new report has found.
The report from the NSW Bureau of Crime Statistics and Research found that between 2017 and 2020 police used their discretion to caution one in ten Indigenous adults caught with the drug, compared with four in ten non-Indigenous adults.
The cannabis cautioning scheme Introduced in 2000 allows police to caution offenders found with small amounts of marijuana, rather than sending them to court.
The study compared rates of cautioning under the scheme for 8171 Aboriginal and 30,642 non-Aboriginal adults.
It found 12 per cent of Indigenous adults were issued a caution compared with 44 per cent of non-Aboriginal adults, however, eligibility was a significant factor.
To be eligible, the offender must admit to the crime, have no other serious offences, have not received more than two previous cannabis cautions and possess less than 15 grams of the drug.
Bureau director Jackie Fitzgerald said the eligibility criteria meant Indigenous offenders were ending up in courts at much higher rates.
"The (scheme) is one option available to police to keep people out of the system, but it remains largely inaccessible to most Aboriginal people due to its strict eligibility criteria and wide scope for police discretion," she said.
Each year in NSW, more than 2000 Indigenous adults caught with small amounts of cannabis come before the courts.
"Research has demonstrated that diversion from the criminal justice system for minor offences can have significant benefits for individuals," Ms Fitzgerald said.
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