Hundreds of Victorians are being moved between police cells each night to battle the state’s prison overcrowding, with one unsentenced Indigenous man housed in various station cells for 26 days – almost double the legal limit.
A police source with knowledge of the case, but who cannot be named, said most Victorian cells have a 14-day limit for holding people. However, the state’s overcrowding issue is seeing officers move people between cells and to different police stations across the state as part of a process known as “decanting”. This process allows police to “reset the clock” and avoid breaching regulations.
On average, 300 Victorians are being shuffled between police cells – sometimes on the other side of the state – as there are limited prison beds for those on remand, the source said.
Last week, lawyers became involved in a case in Sale, which they say is a human rights issue. The Indigenous man, known as Nathan, was held for 26 days before being moved into a prison over the weekend.
“I have been moved away from my family and community, for no reason other than to deny my rights and inflict harm and trauma,” the man said through his legal team.
“I was so fearful that I was going to die in police custody.”
The man’s treatment has raised fears about the risks to the health and safety of at-risk Victorians, and the risk of someone dying in a police cell, which is designed for short-term holdings.
It has also raised concerns about limiting a person’s access to a lawyer or to attend a court hearing in person, rather than via video link, due to distance, if a person has been moved.
People have different rights when held in police cells than when held in jail, where the Corrections Act provides provisions for inmates that the police manual does not.
This includes the right to be in the open air for at least an hour each day, the right to be provided with food that is adequate to maintain the health and wellbeing of the prisoner; the right to be treated in a way that is appropriate to the person’s status as a person not serving a sentence of imprisonment.
Last year, a Supreme Court justice moved a trial from Shepparton to Melbourne after learning an accused person was being held in police cells and woken every two hours.
In written reasons released in December, Justice Michael Croucher labelled the practice idiotic and cruel. He questioned whether lengthy criminal trials would no longer be able to be held in regional Victorian towns.
“Sadly, it’s just a matter of time before there’s a death in custody as a result of overcrowding.”
Wayne Gatt
On Monday, Police Association Secretary Wayne Gatt said members shouldn’t be put under constant pressure to plug significant gaps within Corrections Victoria.
“We are down 1545 police in Victoria. Our members ensure that people are taken into custody for the protection of the community. They shouldn’t be relied upon to then act as faux prison guards for prisoners who are not their responsibility,” Gatt said.
“Sadly, it’s just a matter of time before there’s a death in custody as a result of overcrowding or extended stays in police cells, if this continues unabated.”
In November, this masthead revealed that the overcrowding crisis caused by the state’s toughened bail laws had resulted in prisoners missing court hearings and left frustrated magistrates demanding answers.
The state amended the Bail Act in March to prioritise community safety and make it tougher to be granted bail for some offences, such as violent crimes.
In the three months following the changes, Victoria Legal Aid data showed a 29 per cent rise in the need for duty lawyers for adults and a 50 per cent rise for children in custody on remand.
The change has already created tension, with new arrests being video-linked into court from nearby police stations, including Prahran and Melbourne West, instead of appearing in person, as the cells under Melbourne Magistrates’ Court were full.
When contacted on Monday, a police spokesperson said officers could only transfer a certain number of people to Corrections Victoria each day based on capacity, but that people from vulnerable community groups or who require medical support were prioritised.
The spokesperson confirmed people were moved to cells further away or in the regions when cell capacity in Melbourne was reached.
“Victoria Police will continue to work with Corrections Victoria to ensure offenders are placed in appropriate detention facilities in a timely manner. Nobody is placed in a police cell until the relevant risks, management requirements and considerations for the individual have been assessed,” they said.
Victorian Aboriginal Legal Service’s chief executive officer Nerita Waight said bail reform issues had reached a point where the state is incapable of meeting the basic human rights of individuals in custody.
She said their client, Nathan, was held in police cells for 26 days unsentenced, and alleges he was subjected to overcrowding, unsanitary conditions, denied medication, and restricted phone calls. He was also hospitalised four times since his arrest and isolated from family after being moved 200 kilometres away at one point.
Waight said police referring to the practice as “decanting” was inappropriate and being used to extend the length of time they can hold someone in police cells beyond the gazetted limit.
“VALS repeatedly warned the Victorian government of the human impact of rushing through regressive bail laws. Their tough on crime agenda is not keeping our community safe, instead it is causing significant harm,” Waight said.
Corrections Victoria have been contacted for comment.
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