Magistrates furious as bail law changes fuel legal logjams

An overcrowding crisis caused by the state’s toughened bail laws has resulted in prisoners missing court hearings and left frustrated magistrates demanding answers.

Custody cells beneath Melbourne Magistrates’ Court are so full that corrections staff are being forced to choose who they can transport in from the state’s police stations and remand centres to face court in person.

But those who aren’t given priority are being left to appear on video links that don’t work or having their cases adjourned until they can appear.

One magistrate accused those responsible for prisoner transport of failing to comply with court orders.

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 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.

Indigenous women experienced the highest increase in the need for court-appointed lawyers, up 159 per cent.

Other rises, of more than a third, affected people at risk of, or already experiencing, homelessness, or who live with a disability or health issue.

Victoria Legal Aid’s criminal law executive director, Kate Bundrock, said the issues were being felt statewide and regional police jails were also being impacted.

“Some of our clients have not been able to physically attend their court hearing because of these system pressures, which includes because police cells at court were already full,” Bundrock said.

“Our clients used to spend two or three nights on remand in a police cell. Now it is common for them to spend up to two weeks and in some cases even longer.

“In police cells it can be difficult to access medication, mental health support and other vital services, and there is no access to rehabilitation programs.”

Last week, when the cells at the Melbourne Custody Centre cells were full, magistrate Andrew McKenna said an Indigenous woman had to be video linked in from the nearby Melbourne West police station due to the ongoing “capacity issues”.

Also last week, magistrate Brett Sonnet expressed his ongoing frustration at the issue during a hearing for accused Easey Street killer Perry Kouroumblis, who appeared in court remotely from custody.

“There are significant issues with the production of remandees to the court,” he said.

“It’s a significant issue at the moment … people not being taken from prison [or] police cells to court. Orders to do so are not being complied with.”

Sonnet said it had resulted in attempts to hold hearings with poor quality audiovisual links into police station and remand centres.

This masthead witnessed recent cases in which accused were struggling to hear proceedings or their links were cut off before a hearing had finished.

In one case, an accused person was left raising his arms to get attention at times on a video link when the microphones were disabled at the police station from which he was being broadcast.

During a separate bail application, an interpreter had to join the court via a mobile phone after being unable to communicate with the accused man.

A third accused was visibly unwell, suffering from schizophrenia and injuries from a recent car crash, when a police custody officer entered his room 15 minutes into the hearing to unlock and unmute the screen.

The Melbourne Custody Centre is managed by security company G4S on behalf of Victoria Police.

A spokesman for G4S referred all comments to police.

A police spokeswoman said the organisation could transfer only a certain number of offenders to Corrections Victoria each day based on their capacity.

“These numbers vary and Victoria Police prioritise the transfer of individuals taking into account those that require medical support or other relevant circumstances including those from vulnerable community groups,” she said.

“Victoria Police will continue to work with Corrections Victoria to ensure offenders are placed in appropriate detention facilities in a timely manner.”

When asked if magistrates had been briefed on the issue, a court spokeswoman said it was a matter for Corrections Victoria.

A spokeswoman from the Department of Justice and Community Safety, which oversees Corrections Victoria, said the option to appear via video link, available since the pandemic, was an effective way to ensure matters were heard quickly and from anywhere in the state.

“As the number of people on remand increases following changes to the bail laws, there has been higher demand for cells and beds, which is why this year’s budget includes $727 million to ramp up capacity in prisons and youth justice facilities,” she said.

“Corrections Victoria is working closely with the Melbourne Magistrates’ Court and Victoria Police to ensure that offenders can attend court in person when required.”

Michael Stanton, of Liberty Victoria, said reports that people were being moved from police cell to police cell instead of being brought into court were deeply concerning and caused by an “explosion” of prisoners on remand.

“That’s going to be a real choke point in regard criminal justice system,” Stanton said.

“We know how unsafe those places can be, particularly for First Nations persons. There is a real potential for tragedy there.

“It was never meant to be a place where people are kept for days on end.”

The Victorian Aboriginal Legal Service was contacted for comment.

The Morning Edition newsletter is our guide to the day’s most important and interesting stories, analysis and insights. Sign up here.