Prisons boss lays bare ‘impossible situation’ of overcrowding caused by bail reforms

A prisons boss has been forced to admit the system is under “massive pressure” from Victoria’s bail reforms, as a rise in custody numbers causes dozens of inmates to miss hearings every day.

Magistrate Samantha Poulter ordered representatives from Corrections Victoria and Victoria Police to appear at Heidelberg court every day until a plan could be hatched to ensure an Indigenous woman awaiting sentencing in the Koori Court was brought in.

Poulter’s frustrations boiled over after Corrections Victoria twice failed to bring the woman to court to be sentenced.

Corrections Victoria Assistant Commissioner Jenny Hosking told Poulter that on that particular morning, 325 people were already in police cells across the state, and there was no room to bring the woman in from the Dame Phyllis Frost Centre.

This, she said, had been caused by changes to the bail laws placing the system under enormous pressure and causing “unintended consequences”, which were also resulting in costs orders being made against the state.

“We’re making every effort, but it’s an impossible situation at the moment,” Hosking told the magistrate.

“It’s definitely not something any of us are blind to, nor is it something we want to happen. The system is under massive pressure.

“We’re not uncaring about this. We hope to engage more with the courts, so we’re very aware who the priorities are for the court. It is a very difficult situation.”

Hosking said people arrested overnight were prioritised over people on remand and revealed meetings were regularly taking place between the deputy chief magistrate, senior police and her organisation to try and resolve the issue.

But Hosking complained they were not receiving a list from the court to assist with ensuring priority people were transported between jail and court each day.

In another case, accused Easey Street double killer Perry Kouroumblis, 66, was days into a preliminary hearing when one morning he didn’t make the transport list.

Court was delayed for almost two hours while the situation was rectified.

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.

This has seen bail applications given precedence over other types of cases, according to a Court Services Victoria document provided to a parliamentary inquiry.

Senior Sergeant Tim Lawrence, from the police custody management division, told the court all 20 cells at the Heidelberg courthouse were full on the day the Indigenous woman was due to be sentenced.

Lawrence said 24 people across the state were unable to be brought to court that day alone, with no short-term solution in sight.

“These are trying times. The figures are astronomically high,” he said.

“We’re all frustrated with the current system. We’re trying to make it work the best we can. There is no short-term solution, unfortunately.

“I’d be reluctant to provide guarantees which, hand on heart, I know cannot be delivered at the moment.”

Poulter was scathing of the situation, saying it was the fourth time in her courtroom alone that the system had failed.

A plan was eventually put in place for prison staff to drive the accused woman to court themselves on her next available court date in December.

Corrections Victoria data shows there’s been a 21 per cent rise in the number of unsentenced inmates in the first 10 months of this year, when compared to the same time last year.

As of October 31, there were 2547 unsentenced inmates on remand. A further 4232 sentenced prisoners were also in the state’s jails.

The average number of unsentenced inmates a decade ago was 1525.

Last month, this masthead revealed magistrates were furious that bail law changes had fuelled legal logjams.

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

Those who weren’t given priority were left to appear on video links that didn’t work or had their cases adjourned until they could appear.

Law and Advocacy Centre for Women’s Ellen Murphy said the delays in getting people to court were a completely predictable consequence of the state’s bail reforms.

Murphy said the overcrowding in police cells was particularly concerning for Koori courts that require physical attendance so the accused can participate in a sentencing conversation with Aboriginal Elders and the magistrate.

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