Deaths in Custody Part 1: Why Australia's Criminal Justice System Is Still Failing

Introduction: Understanding Deaths in Custody

Deaths in custody remain a deeply complex and troubling issue across Australia. Despite decades of inquiries and recommendations, the nation continues to grapple with the failures of its criminal justice system. In this first part of our series, we draw on exclusive insights from Australia's leading criminologist Chris Cuneen, a state prison CEO, and an Assistant Commissioner of Police. Over two years, our team traveled to three Australian states, conducting and editing in-depth interviews that reveal why the implementation of vital recommendations is still lacking—thirty years after the Royal Commission into deaths in custody.

What Does Custody Mean? The State's Responsibility

When an individual is taken into custody, their personal freedom is removed. This means they can no longer take care of themselves and are entirely dependent on the state for their safety and wellbeing. This crucial point underpins the ethical and legal responsibilities of every state official, correctional officer, and police officer involved in the criminal justice system.

• A person in custody relies completely on state care.
• The state must ensure adequate medical attention and physical safety.
• Negligence or failure can lead to tragic outcomes.

The Legacy of the Royal Commission into Deaths in Custody

Three Decades Later: What Has Changed?

The 1991 Royal Commission into Aboriginal Deaths in Custody stands as a landmark inquiry. Its recommendations were clear: systemic change was required. Unfortunately, as Chris Cuneen and other experts reveal, many recommendations remain unfulfilled—leading to recurring issues and preventable deaths.

• State governments have consistently provided only lip service.
• Key policy recommendations have not been properly implemented.
• Aboriginal and Torres Strait Islander peoples continue to be disproportionately affected.

Expert Insights: Voices from the Frontline

Our two-year project brought together interviews with:

• Chris Cuneen, Australia’s leading criminologist on deaths in custody
• CEO of a state prison
• Assistant Commissioner of Police from another state

Each expert highlighted systemic problems that persist, despite ongoing awareness and public attention. Instances where found that inadequate healthcare and indifferent attention can be deadly for people behind bars—especially for vulnerable populations.

Why State Governments Fail to Act on Recommendations

It is easy for governments to publicly promise change, but as decades pass, a lack of meaningful action perpetuates tragedy. Our interviews uncovered a pattern: state officials acknowledge the issues but fail to invest resources or develop new frameworks to implement the Royal Commission's recommendations. As Chris Cuneen explains, real political will is needed—mere promises are not enough.

• Policy improvements often stall due to funding and lack of accountability.
• No national mechanism exists to enforce or monitor reforms.
• Commitment to change dissipates after public attention fades.

Deaths in Custody: The Human Impact

Stories That Matter

Beneath every statistic lies real sorrow and trauma for families and communities. Many cases showcase avoidable failures—instances where timely medical care, proper supervision, or simple compassion could have saved lives.

• Recent cases highlight the importance of staff training and protocol adherence.
• Ongoing mental health concerns are overlooked or inadequately addressed.
• Communities, especially Indigenous Australians, continue to demand justice and reform.

What Can Be Done: Steps Towards Real Change

1. Enforce full implementation of the Royal Commission’s recommendations.
2. Establish independent oversight bodies to ensure accountability in custody settings.
3. Provide comprehensive, ongoing training for all correctional and police staff on duty of care and cultural competency.
4. Invest in preventative health and mental health services for at-risk individuals in custody.

Conclusion: The Urgent Need for Reform in Custody

After exploring three states and interviewing top experts in the field, it is clear that Australia’s criminal justice system remains broken with regard to deaths in custody. The lives of those in state care cannot be sidelined by bureaucracy or empty promises. True change is possible, but it requires courage, transparency, and the collective will to act on evidence and experience.

Join the conversation—demand that your local representatives prioritize the implementation of vital reforms. Stay tuned for Part 2 of this series, where we delve deeper into the stories and solutions that could transform custody in Australia. Share your thoughts below or on our social media channels—your voice matters.