The North Australian Aboriginal Justice Agency (NAAJA) has called for the suspension of Commonwealth funding for remote policing and justice operations in the Northern Territory, warning it is the only way to stem what it describes as an incarceration "crisis".
The Territory's approach to crime — led by the CLP government since its election last year — has drawn criticism from Indigenous, legal, and human rights groups. Among the most controversial changes are tougher bail laws and a rollback of the minimum age of criminal responsibility from 12 to 10.
New data shows 2,842 people are currently imprisoned in the NT; over 600 more than when the CLP took office. Almost 90 per cent of those in custody are Indigenous, and nearly half (49 per cent) are on remand (they have either not been convicted or not been sentenced).
Many of those held on remand are ultimately released with no custodial sentence or are freed on time served, lawyers have previously told National Indigenous Times.
NAAJA acting chief executive Anthony Beven told ABC Breakfast the Territory's prison system is overwhelmed, with some children being held in adult watch houses.
He cited the case of an 11-year-old girl he represented, who spent two days and one night alone in the Palmerston watch house.
"At the watch house, the lights are on 24 hours a day, there's adults being housed in that watch house; some accused of committing serious offences," Mr Beven said.
"That young girl had to be isolated; so she was in a cell by herself, with the lights on 24 hours a day, and she was in there for two days and one night. And you could imagine that this girl, under those circumstances, away from her mother, was very distressed.
"We just can't have 11-year-old children being held in adult facilities overnight with the lights on 24 hours a day. It's not acceptable for adults, and it shouldn't be acceptable for children."
Federal Minister for Indigenous Australians Malarndirri McCarthy said the case highlighted serious failures in the NT justice system.
"There is something very wrong with the Northern Territory justice system when an 11-year-old girl is held in an adult police watch house for two days and one night," she said.
"I'm very concerned about the situation in the NT, I recently visited correction centres in Darwin and Alice Springs to meet with prisoners and staff, I've seen first hand a correction system under stress."
Mr Beven said the CLP's tough-on-crime strategy was not reducing crime, but instead pushing incarceration numbers even higher.
"One of the unique things we have here in the Northern Territory is that the Commonwealth actually funds the Northern Territory police for remote policing and other options," he said.
"We are saying if those funds are Commonwealth funds, the Commonwealth should be putting conditions on the table to say we shouldn't be locking young kids up."
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He also accused NT Chief Minister Lia Finocchiaro of refusing to meet with NAAJA or other Aboriginal leaders to discuss community-led solutions to crime.
NT Attorney-General Marie-Clare Boothby rejected any suggestion of withdrawing police funding, calling the proposal "not only irresponsible," but "utterly absurd".
Ms Boothby said the government had a mandate to address crime and would not be distracted by what she labelled "political grandstanding".
"There is no alternative: those who break the law will be arrested," she said.
"Corrections will continue to expand capacity to ensure those who are remanded or sentenced have a bed, because that's what the community expects."
Despite a CLP promise to end the practice, more than 70 prisoners were held in the Palmerston watch house last week. One recently released detainee told the ABC: "You've got eight girls crammed into one cell — girls who are on their periods and are not even being allowed to have showers."
Similar reports emerged in January, when more than 20 women were held in a single cell at the Alice Springs Watch House, where drinking water came from a tap above the toilet, after the Alice Springs Correctional Centre was closed.
The NT Police Association has also criticised the government, accusing it of failing to properly resource the justice system while touting tough-on-crime policies.
Senator McCarthy said she had met with the association, who raised concerns about overcrowding and the impact of bail law changes.
"It is primarily Northern Territory bail laws that are driving this issue," she said.
"The Northern Territory Government has committed to reducing the incarceration rates of First Nations children and adults, under the National Agreement on Closing the Gap.
"As I said to all Ministers at the Joint Council on Closing the Gap in Darwin last month, they need to take their commitments seriously and back them up with action."
