The imprisonment for non-payment of fines represents a remarkably substantial but little recognized category of offenders in prison. It is likely that a very significant number of those imprisoned for fine default are Aboriginal. Fine default options which avoid imprisonment, for example by the performance of community service orders, have the potential to reduce the number of fine defaulters but current evidence suggests that the reduction will not be particularly great. Aboriginal offenders may be particularly reluctant to take up fine default options. Over-representation is compounded by a high rate of recidivism amongst Aboriginal people.
Many factors affect recidivism including age, lack of schooling, lack of employment, and finances.
Some categories of offences, for example driving offences, have quite an unnecessary effect on recidivism. The development of community justice mechanisms has been a response to this recognition. Although statistically, Aboriginal people do not receive harsher sentences than non-Aboriginal people, Aboriginal people overwhelmingly regard the court system as loaded against them, and as either ignorant or dismissive of their culture. A particular area of concern is the administration of justice in remote areas by justices of the peace. Despite significant improvements in liaison between court officers, judicial officers and Aboriginal people, current arrangements are largely ad hoc.