A new study by the Australian Institute of Criminology (AIC) shows a shift towards harsher bail laws in Australia, which have led to more defendants being remanded in custody. These bail laws disproportionately impact First Nations people.
Between 2019 and 2025, 36 punitive amendments to bail laws were brought in across all Australian states and territories, making it much harder for people to get bail and stay in the community while they wait for their court date.
The study found that First Nations people are more likely to be given strict bail conditions.
AIC Deputy Director Dr Rick Brown said the findings highlight one of the biggest reasons behind the rising number of First Nations people being held in jail before their case is heard.
"Rates of First Nations people being held in jail before trial keep rising," Dr Brown said. "This study helps policy makers understand the real factors driving this concerning trend."
Another recent report by the AIC found that in 2024-25 the number of First Nations people who died in custody was the largest since 1979.
