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This chapter provides a brief overview of community sanctions in Australia and examines the extent to which McNeill’s analysis in Pervasive Punishment (2019) is applicable in the Australian context. Two key issues in the Australian context are, firstly, state and territory-level variations within a federal political structure, and secondly, disproportionate Indigenous imprisonment and community sanction rates and the generally destructive impact of the criminal legal system on Indigenous communities and peoples. The chapter argues that developing a better agonistic politics around community sanctions requires descending from the broad level of historical and sociological analysis to examine state and territory-level variations in judicial and correctional structures, histories and cultures. Further, that Australian community sanctions cannot be understood without a primary focus on the differences between Indigenous and non-Indigenous rates, experiences and meaning. The key to addressing the destructive impact of criminal legal processes and practices on Indigenous peoples lies in developing Indigenous governance, empowerment, self-determination, sovereignty and nation-building. Two recent developments promoting Indigenous governance are examined: the Uluru Statement from the Heart and Justice Reinvestment projects initiated by First Nations communities, highlighting the importance of activism, contest and struggle by community organisations.

The colonial history of Australia has been a struggle between Indigenous peoples and the colonisers over Country. This is often represented as a struggle over land – it's control and use. Yet, for Indigenous people, land was never simply an economic commodity to be exploited. It was and is ‘Country’ in a deeper sense of the word, a fundamental part of Indigenous cosmology and a necessary foundation to a person's and group's ontology or being in the world. Country, then, can be conceptualised as both a physical and metaphysical domain. Indeed, both domains are inseparably intertwined. The struggle over Country remains core to understanding the social and political place of Indigenous people within Aboriginal law and within the criminal law and institutions of the coloniser. Further, this ongoing struggle goes to the heart of understanding why Indigenous people start their discussions on reform and change within the criminal justice system with a demand for recognition, negotiation and respect for Indigenous self-determination and a demand to see Indigenous people as colonised peoples.

The prison population in England and Wales has risen dramatically in recent years and rates of reoffending following release are, at best, disappointing. This article considers some of the evidence in relation to what is going wrong and how resettlement for prisoners might be made more effective. Ultimately, however, the expansion in the custodial population mitigates the potential to reduce recidivism. An argument is made for a justice reinvestment approach similar to that advocated by the House of Commons Justice Committee.