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Lawyers and prisoner advocates are calling for measures to reduce the nation's prison population — including releasing inmates early and loosening conditions for bail — in the face of the coronavirus pandemic.
Key points:
- The measures include releasing inmates who are elderly, unwell or who are likely to be released in the next six months
- The concern is that prisons will become coronavirus hotspots leading to inmate deaths, riots and further spread into the community
- The Victorian Government says that processes are already in place for dealing with communicable diseases in custody
A group of more than 370 lawyers, academics and advocates Friday released an open letter which calls on Australian governments to follow the lead of jurisdictions such as Ireland, the United States, Iran and the United Kingdom, where authorities have either released prisoners or flagged it as a possibility in response to the pandemic.
The letter stated that during disease outbreaks, prisons — where people live in close quarters and are often unwell — can become a breeding ground for viruses which spread to the community.
It calls on state and territory governments to support bail and non-custodial penalties for all defendants who did not present a very high risk that could not be managed in the community.
It also calls for the early release of prisoners, including those at high risk of harm from COVID-19 and those detained for summary offences.
"Policies need to be directed to releasing prisoners, and laws governing police, prosecution and judicial discretion need to be changed to prevent further imprisonment," the letter said.
The letter's co-author Lorana Bartels, who is a criminology professor and program leader at Australian National University, said she was surprised by how many signatures the letter had attracted.
"I was just staggered how far and wide it went. Not just academics ... legal practitioners, health practitioners, former politicians," Dr Bartels said.
"I was really astonished that it struck a chord with so many people who really saw the need for action in this regard.
"We're really keen to get it on the radar of criminal justice agencies around the country."
Read the full letter:
Measures possible under existing laws in Victoria
Victorian Criminal Bar Association chair Daniel Gurvich said that the association largely agreed with the letter's recommendations.
Mr Gurvich told ABC Radio Melbourne on Friday morning that Victoria's Corrections Act gave the Secretary of the Department of Justice and Community Safety the power to allow temporary absences from prisons, custodial community permits and flexible arrangements where the health of prisoners or the health of those in the prison were at stake.
He added that the COVID-19 pandemic may amount to exceptional circumstances under Victoria's current bail laws.
Meanwhile, criminal justice group Justice Action called on state authorities to take action before COVID-19 spread into prisons, warning that prison staff and inmates and the wider community would suffer.
Coordinator Brett Collins said that there would be riots similar to those already seen in Italy and Iran if state governments did not take measures including a reduction in the number of prisoners, a ban on shared cells and the release of elderly and vulnerable prisoners and those with sentences of less than two years.
"Total disaster is waiting to happen unless authorities are proactive, as once infections happen inside they will be much harder to handle," Mr Collins said.
"Releasing infected prisoners would be much more difficult. They will have no home and no way to quarantine."
'If you do the crime, you do the time'
A statement from a Victorian Government spokesperson said: "When it comes to managing the health and wellbeing of prisoners we take our advice from the experts — the Chief Health Officer, Justice Health and Corrections Victoria.
"Corrections Victoria has established processes for preventing and managing communicable diseases in custody, including isolation protocols."
Victorian Opposition Leader Michael O'Brien said he opposed any moves to release criminals early.
"Sorry, if you do the crime, you do the time," Mr O'Brien said.
He said that healthcare should be extended to people in all public institutions including prisons.
"But, I'm sorry, coronavirus isn't a get-out-of-jail-free card, or at least it shouldn't be," he said.
He added that it was up to correctional authorities to decide if there were alternative forms of detention that would be more suitable in particular cases depending on a person's age and condition.
Courts postpone hearings
Meanwhile, contested committal hearings listed over the next eight weeks are being postponed while Victoria's courts move to a system using electronic and digital technology, with pilot programs beginning immediately.
Chief Justice of the Supreme Court of Victoria Anne Ferguson said in a statement not all courts had the technical capability but work was underway to build it as soon as possible.
What the experts are saying about coronavirus:
"In both the criminal and civil courts, we are rapidly moving to a position where appearances will be managed through the electronic and digital environment," Justice Ferguson said.
"Once realised it will be scaled up to meet the changing needs of the sector.
"This is in addition to the work that has started to change the way we list matters to provide time certainty for appearances."
Topics: respiratory-diseases, covid-19, diseases-and-disorders, health, prisons-and-punishment, law-crime-and-justice, laws, australia, vic, melbourne-3000
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