First Nations imprisonment in NSW hits record high in latest custody data

New figures from NSW justice researchers show Aboriginal adults now make up a record share of the state’s prison population, renewing calls for stronger action on bail, remand and culturally safe support services.

The NSW Bureau of Crime Statistics and Research (BOCSAR) said the number of Aboriginal adults in custody reached 4,452 people in December 2025 — the highest number and proportion on record, representing 33.9 per cent of adults in prison. The update points to rising remand numbers as a key driver of overall growth in the prison population.

“If current trends continue, people on remand will account for half the prison population within the next two years” said Jackie Fitzgerald, Executive Director of BOCSAR.

The data highlights a long-running challenge for governments and justice agencies: Aboriginal people remain vastly overrepresented in custody, despite decades of policy commitments aimed at reducing imprisonment and improving community safety.

BOCSAR’s analysis shows Aboriginal adults in custody increased substantially over the past two years. The bureau reported that between December 2023 and December 2025, Aboriginal adults in custody rose by 681 people (an 18.1 per cent increase) compared with a smaller rise among non-Aboriginal adults over the same period.

A related quarterly update also showed high levels of Aboriginal overrepresentation in youth detention. At 31 December 2025, Aboriginal young people accounted for 56.4 per cent of the youth detention population in NSW, with most young people in detention on remand.

“The incarceration rate for Aboriginal adults is now an alarming 15 times higher than for non‑Aboriginal adults,” said Jackie Fitzgerald. “In December 2025, around one in 25 Aboriginal men living in NSW was in prison.

The figures land amid broader national data showing Aboriginal and Torres Strait Islander people are imprisoned at far higher rates than non-Indigenous Australians. The Australian Bureau of Statistics’ most recent national prisoners release reported very high age-standardised imprisonment rates for Aboriginal and Torres Strait Islander adults, underscoring the scale of the gap between Indigenous and non-Indigenous incarceration.

there were 17,432 Aboriginal and Torres Strait Islander prisoners, up 10% (1,561) from 2024.

The Australian Institute of Health and Welfare has also reported that, over recent years, the age-standardised rate of imprisonment among First Nations adults has risen while the rate for non-Indigenous adults has fallen, indicating the disparity is widening rather than narrowing.

Advocates have repeatedly argued that reducing incarceration requires measures that go beyond policing and prisons — including changes to bail and remand settings, stronger diversion programs, community-led justice responses, and investment in housing, health and family supports. Many also argue that community-controlled services are best placed to deliver culturally safe programs, particularly for people with complex needs including trauma, disability and substance dependence.

Government responses to justice overrepresentation often focus on a mix of prevention, early intervention and targeted programs. But the latest figures suggest the system is still pulling increasing numbers of Aboriginal people into custody (especially via remand) before matters are finalised in court.