Prisoner Relocation: Managing Overcrowding in Victoria
Hundreds of individuals are being moved nightly between police cells across Victoria to manage prison overcrowding. This practice, referred to as "decanting," allows authorities to restart the legal timeframe for holding individuals in police cells, which typically has a 14-day limit.
This practice, referred to as "decanting," allows authorities to restart the legal timeframe for holding individuals in police cells, which typically has a 14-day limit.
On average, approximately 300 Victorians are relocated daily, sometimes across significant distances, due to limited prison bed availability for those on remand.
Human Rights Concerns and Specific Cases
The Victorian Aboriginal Legal Service (VALS) has raised concerns, citing a case where an unsentenced Indigenous man was held in various police cells for 26 days before being transferred to a prison.
The man stated that the relocation separated him from his family and community, leading to fear for his safety.
VALS reported allegations that this client experienced overcrowding, unsanitary conditions, denied medication, and restricted phone calls, and was hospitalized four times.
Concerns extend to:
- Risks to the health and safety of individuals, particularly those at risk.
- Potential for individuals to die in police custody, as cells are designed for short-term stays.
- Limitations on access to legal counsel and in-person court appearances due to geographical relocation.
Legal Framework and Judicial Criticism
Individuals held in police cells possess different rights compared to those in jail.
For instance, the Corrections Act provides inmates with rights such as daily open-air access, adequate food, and appropriate treatment for unsentenced persons, which are not outlined in the police manual.
In the previous year, Justice Michael Croucher of the Supreme Court characterized the practice of holding accused persons in police cells for extended periods, including being woken every two hours, as "idiotic and cruel."
Systemic Strain: Impact on Police and Legal Aid
Wayne Gatt, Secretary of the Police Association, stated that police members are under pressure to manage gaps within Corrections Victoria, emphasizing that officers should not function as "faux prison guards."
He warned that continued extended stays in police cells increase the risk of deaths in custody.
The overcrowding issue is partly attributed to amendments made to the Bail Act in March, which stiffened bail conditions for certain offenses. Following these changes, Victoria Legal Aid data showed a 29% increase in the need for duty lawyers for adults and a 50% increase for children held in custody on remand. This has resulted in new arrests being processed via video link from police stations due to full cells at the Melbourne Magistrates' Court.
Official Responses and Advocacy for Reform
A police spokesperson confirmed that transfers to Corrections Victoria are dependent on capacity, with vulnerable individuals and those requiring medical support receiving priority. The spokesperson acknowledged that individuals are moved to regional or more distant cells when Melbourne's capacity is reached, stating that all placements are preceded by risk and management assessments.
Nerita Waight, CEO of VALS, argued that the state's bail reforms have created a situation where basic human rights cannot be met for individuals in custody.
Waight criticized the term "decanting" as a method to circumvent legal limits on holding periods and asserted that the government's "tough on crime" approach is causing significant harm.