Inquiry into Victoria’s criminal justice system

Summary of the Inquiry and Recommendations

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The inquiry examined various aspects of the criminal justice system, including policing practices, court proceedings, sentencing trends, the experience of victims of crime, conditions within prisons, rehabilitation programs, and parole processes. The inquiry concluded that the system requires comprehensive reform to address several key challenges:

• Growing Remand and Prison Population:  Despite some decreases in crime rates, the number of individuals in prison and on remand continues to rise in Victoria, placing significant strain on the system.
• Overrepresentation of Vulnerable Groups:  Aboriginal and Torres Strait Islander peoples, individuals with disabilities, and women are disproportionately represented in the criminal justice system, highlighting systemic issues and the need for targeted interventions.
• Limited Effectiveness of Rehabilitation Programs:  While some programs and services show promise, the overall effectiveness of rehabilitation efforts remains limited, contributing to high rates of recidivism.
• Inadequate Support for Victims of Crime:  Victims of crime often navigate the criminal justice system with limited support, encountering challenges in accessing information, participating in proceedings, and receiving timely assistance.

Key Recommendations:

The inquiry's report presents a comprehensive list of recommendations for improving the Victorian criminal justice system, spanning across all stages of the process, from policing to post-release support. Some of the key recommendations include:

Policing

• Improving Data Collection:  The Victorian Government should collaborate with stakeholders to enhance data collection, accessibility, and transparency throughout the criminal justice system, encompassing information on police use of stop and search powers, diversions, cautions, fines, and demographics of individuals interacting with the system.
• Expanding Cautioning and Diversion:  The Department of Justice and Community Safety should review the use of cautions by Victoria Police and consider expanding their use and consistency.  The review should explore the advantages and disadvantages of a presumption in favour of cautioning for appropriate minor offences.
• Standardising Diversion Processes:  The Victorian Government should standardise diversion processes across Victoria Police, implementing clear guidelines and procedures for seeking and granting diversion, ensuring equitable access to this option.
• Addressing Family Violence Misidentification:  The Victorian Government should review police practices and training to address the issue of female victim-survivors of family violence being misidentified as the primary aggressor, considering the introduction of a review mechanism for intervention order applications involving Aboriginal and culturally and linguistically diverse women.

Courts and Sentencing

• Reviewing the Bail Act:  The Victorian Government should review the Bail Act 1977 (Vic) to simplify bail tests, target presumptions against bail more effectively toward serious offences and risks, and ensure that decision-makers have discretion to consider an individual's circumstances. This review should incorporate the perspectives of victims and law enforcement.
• Expanding Specialist Courts:  The Victorian Government should continue to support and expand specialist courts, such as Koori Courts and Drug Courts, to provide culturally safe and appropriate criminal justice processes for specific populations.
• Considering Home Detention Orders: The Victorian Government should consider amending the Sentencing Act 1991 (Vic) to allow courts to impose home detention orders as an alternative to imprisonment for appropriate cases.

Prisons and Rehabilitation

• Improving Disability Identification and Support:  The Victorian Government should trial routine screening for disabilities upon entry to prison and ensure all staff in prisons receive training to identify behaviours associated with physical and cognitive disabilities.
• Expanding Digital Access:  The Department of Justice and Community Safety should consult with stakeholders to develop and implement a digital access policy for Victorian prisons, establishing minimum standards for access to technology and the internet for incarcerated individuals while ensuring appropriate security measures.
• Improving Parole Processes:  The Victorian Government should evaluate the impact of parole reforms implemented since 2013 and amend the Corrections Act 1986 (Vic) to require Aboriginal and Torres Strait Islander representation on the Adult Parole Board.

Victims of Crime

• Amending the Victims' Charter:  The Victorian Government should amend the Victims’ Charter to ensure that victims of crime have equal entitlements to information, regardless of the type of offence involved.
• Expanding the Intermediary Program:  The Victorian Government should expand the Intermediary Program to include eligible witnesses regardless of the offence, consider extending it to accused persons with cognitive impairments or under 18, and explore expanding intermediaries' roles to include assessment and referral functions for witnesses with unmet needs.
• Improving Accessibility of the Victims of Crime Assistance Tribunal:  The Victorian Government should review the Victims of Crime Assistance Act 1996 (Vic) to identify and remove barriers for applicants, including overly legalistic language and complex processes, to make the scheme more accessible and user-friendly.
• Establishing a New Victims of Crime Financial Assistance Scheme: The Victorian Government should establish a new financial assistance scheme for victims of crime, ensuring it is a prescribed agency under the Victims of Crime Commissioner Regulations 2020 (Vic) for oversight and compliance purposes.

Overall

The inquiry's report provides a comprehensive analysis of the current state of Victoria's criminal justice system, highlighting areas where significant improvements are needed to reduce imprisonment rates, promote rehabilitation, and better support victims of crime. The recommendations offer valuable insights for policymakers and practitioners seeking to create a more just and effective system that prioritises community safety and individual well-being.

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