Of the 23 people who wrote to Fair Trials, 12 said they have plead guilty, considered pleading guilty, or know people who have plead guilty to offences they did not commit in order to get out of extended pre-trial detention during the pandemic. Several spoke about the pain of wanting to get out but not wanting a criminal record or to plead guilty to something serious that they had not done. It is almost impossible to get a fair trial.
I was well over my custody limit as well. It is totally wrong and unjust. People are held in their cells for more than 23 hours a day, and sometimes days at a time, with showers and exercise allowed intermittently. Even in the best circumstances, contact with friends, families and others is restricted to monthly video-calls, with many unable to speak to their loved ones at all.
Many have been denied access to healthcare, support and opportunities to learn. I am locked 23 hours per day, with a maximum of 20 minutes of fresh air. There is no exercise possibility. I have not had any video calls with family or friends. We get 30 minutes of walking outside and spend the rest of the time locked up. Rats and pigeon infestations. There is a mental health crisis amongst remand prisoners, and prisoners generally, including crisis levels of self-harm, as well as accusations of safeguarding failures by prison authorities.
The extended remand times, uncertainty of trial dates, long periods of isolation in prisons as well as isolation from friends, family and loved ones, and the conditions people are held in, has impacted prisoners physically, mentally and emotionally, leading to rampant levels of depression, anxiety and other mental health issues, including self-harm and suicidal thoughts.
Several people made allegations that prison authorities did nothing when informed of intentions to self-harm. My heart flutters, I feel shaky. It is as if I lost my anchor to life. People held in prison awaiting trial must be able to speak to their lawyer about their case and get legal advice. However, many people said the connections were often poor, meetings were short, and prison authorities error led to conferences being missed or cut even shorter, and there were concerns over confidentiality.
People allege they are being held in pre-trial detention without good reason, such as for low-level offences, and there is a bias against foreign nationals and people experiencing homelessness. In September , the Government temporarily increased the length of time they are legally allowed to hold people awaiting trial from six to eight months, until 28 June Types of crime Types of crime There are many different types of crime.
How to report a crime How to report a crime Find out your options for reporting a crime in Victoria. Reasons to report a crime Reasons to report a crime You may be worried about telling someone what happened, but there are good reasons for making a police report. If I am not ready to report the crime yet If I am not ready to report the crime yet Even if you are not ready to report a crime, you can still get help from the Victims of Crime Helpline.
Keeping safe Keeping safe Your safety is important and, if you are affected by crime, there are things you can do to help improve it.
Service standards you can expect Service standards you can expect You can expect to be treated with courtesy, respect and dignity by victim support services at all times. Police Investigation About the investigation About the investigation After a crime is reported to police, there is a police investigation.
Making a statement Making a statement If you are the victim or witness of a crime, the police will ask you to make a detailed statement about what happened. Collecting evidence Collecting evidence As part of the investigation, the police collect evidence they will need to prove a case in court. Getting information about the investigation Getting information about the investigation You have a right to be kept informed. Charges Laid Laying charges Laying charges When police investigate a crime, they will decide on whether there is enough evidence to lay charges against an accused person.
Summary and indictable offences Summary and indictable offences Criminal offences are divided into two types based on how serious they are. Bail and remand Bail and remand Most people who are charged with a crime get bail, which means they are released until the court case. Going to Court Getting information about your court case Getting information about your court case Find out how to get information about court cases in Victoria. Summons and subpoenas Summons and subpoenas As a victim of crime, you may be called upon to be a witness in court.
Types of courts Types of courts The court the case will go to depends on the type of crime that was committed and the age of the accused person. Getting ready for court Getting ready for court If you are a witness in the court case, you need to get ready for court.
Giving evidence Giving evidence What to do when you have to give evidence at court. The court's decision The court's decision At the end of a court case, important decisions are made about the verdict and any penalties. Financial assistance and compensation for victims of crime Financial assistance and compensation for victims of crime If you have been affected by a crime, you may be able to apply for financial assistance or seek compensation from the offender.
After Court Appeals Appeals A guilty verdict is not always the end of the court process. While the offender is in prison While the offender is in prison Offenders may serve their sentence in a prison or youth justice centre in Victoria. Parole Parole An offender serving a sentence in prison may apply for parole — conditional release into the community after they have served their non-parole period.
After prison, offenders have access to the support services and programs available to the general community. All in-person personal visits to Victorian prisons are suspended. Professional visits are available. Zoom visits are still available. Generally, remandees will be held in special remand facilities and will have fewer restrictions placed on them than convicted prisoners. Remandees are unsentenced and are innocent until proven guilty. The law does not regard their confinement as punishment.
Therefore, remand prisoners are given maximum flexibility within their security rating and have fewer restrictions placed on them than convicted prisoners. Remand prisoners are treated with the minimum of restrictions that still ensure prisoner safety and good order, security and management of the prison. The difference between the treatment of sentenced and remand prisoners is defined in the The United Nations Standard Minimum Rules for the Treatment of Prisoners.
Remand prisoners are required to comply with prison processes and guidelines — read more about going to prison. Read about the Remand Release Assistance Program , a pre-release program available for remand prisoners who identify a likelihood of being discharged directly from Court. Read about the Atlas Program External link , available to prisoners on remand at eligible prison locations.
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