Jailhouse hearings held ‘in the dark’: Ombudsman

A suicidal prisoner being charged for resisting a strip search is just one of the problematic disciplinary hearings being held “in the dark” in Victorian jails.

Victorian prisoners could be being dealt with unfairly in disciplinary hearings.

Prison disciplinary hearings are held “in the dark” with the risk of inmates being dealt with unfairly, a Victorian Ombudsman’s report has found.

Ombudsman Deborah Glass concluded the processes for dealing with detainees who break rules did not always provide support for those with mental health issues and cognitive impairment.

There are 10,000 such hearings held in Victoria each year across the state’s 14 jails.

Ms Glass’ investigation there was potentially widespread failure to document pre-hearing discussions and nondisclosure of reasons for decisions or information about charges, leading to procedural unfairness.

Ms Glass said discretion was not used before moving minor matters into the disciplinary sphere, adding to the burden on jails, prison officers and detainees.

She said there had been improvements made following another 2011 report on the same issues, but problems remained.

“Fairness for prisoners may not be a popular subject, but the lack of it damages our reputation as a civilised society,” Ms Glass said.

“Disciplinary hearings in Victorian prisons are still carried out in the dark with insufficient scrutiny, oversight or transparency.

“While we observed some good practices and decisions, the potential for unfairness is still rife.”

Ms Glass also found there was a “perception of bias” in cases where a prison officer who issued a charge also presided over a hearing on the matter.

This was compounded when a request for someone else to conduct a hearing was declined.

Among the cases cited in her report were:

– A suicidal prisoner with mental health conditions being charged with resisting a strip search, despite apologising a day earlier.

– An officer allegedly telling an inmate he was told he would not be taken off the methadone program if he pleaded guilty to an offence.

– Hearing officers not taking into account prisoners’ intellectual disabilities when meting out fines or ensuring they had independent support.

Punishments for being found guilty in such hearings can include loss of parole opportunities, as well as the withdrawal of phone and out-of-cell time privileges.

They can also result in the loss of contact visits with family and children.

There is no right of review and the only option to challenge is a judicial review in the Supreme Court.

Ms Glass said Corrections Victoria should not fear implementing her recommendations because providing written reasons and internal reviews were the key to “good administrative decision-making”.

“The recommendations I make in this report would not only increase fairness and transparency in a notoriously opaque process, they support good decision-making,” she said.

A Department of Justice and Community Safety spokeswoman said it had put in place reforms since 2011, including strengthening compliance and training of staff.

“The cultural review into the prison system which is under way will provide further opportunities for Corrections Victoria to address issues raised by the Ombudsman,” the spokeswoman said.

“It will also ensure our prison system continues promoting rehabilitation, reducing recidivism, and addresses the needs of all prisoners to ensure the system improves community safety.”