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Calls to protect prisoners amid COVID-19 crisis
Australian prisons could struggle to control an outbreak of coronavirus in a system that is already overcrowded and under-resourced.
Tony Zhang
Levels of overcrowding could increase with the national suspension of new jury trials, meaning that people on remand face a longer wait for their case to be resolved.
Recently Prime Minister Scott Morrison made the announcement that state and territory leaders have come to an agreement that from 20 March 2020 each state’s and territory’s adult correctional system will restructure personal prison visits to help manage the risk posed to prisoners and staff by the introduction of COVID-19 into custodial facilities.
"Depending on their operational needs, this may include stopping visits in some jurisdictions," the PM said.
According to the ALA, however, the government must consider releasing as many non-violent remandees as possible into the community on bail, and release older non-violent prisoners and others who have poor physical health into home detention arrangements in order to better protect them from coronavirus.
“This move would protect inmates, prison staff and the broader community from the devastating affects of a COVID-19 outbreak in a prison,” Greg Barns, national criminal justice spokesperson, ALA said.
“The decision announced today to stop personal visits will create even further stress for prisoners, particularly those who rely on family and support visits on a weekly basis.
“In an [overcrowded] prison environment, which is the sad reality in every Australian jurisdiction, lack of visits along with the axing of rehabilitation and education programs, will mean an increase in the risk of serious violence and damage to prison infrastructure. "
According to Mr Barns, Australian governments must immediately do what is happening currently in the US, UK and other countries and release select prisoners.
Further recommendations
Meanwhile, criminal law experts are recommending the limited release of elderly, young and minor offenders from Australian jails and detention centres to avoid a preventable COVID-19 outbreak.
Professor Lorana Bartels from The Australia National University and Professor Thalia Anthony from the University of Technology Sydney coordinated an open letter to state and territory governments calling for urgent reforms to protect the prison population from the global health pandemic.
More than 370 legal experts have signed the letter.
“Australian prisons and detention centres will become epicentres for the transmission of COVID-19, if governments don’t act now,” Professor Bartels, program leader of the ANU Criminology Program said.
“Among a range of recommendations, we’re calling for the early release of vulnerable prisoners and detainees who are at high risk of harm from COVID-19.”
This would include those with pre-existing health conditions, the elderly and very young, those detained for summary offences such as unlawful driving, property crimes and those who are likely to be released in the next six months.
Professor Anthony said urgent measures, including the release of prisoners, have been taken in response to the COVID-19 emergency in the US, the UK, Southeast Asia and the Middle East.
“Australian governments must provide a coherent approach to protect prison populations here in Australia” she said.
“It is only a matter of time before COVID-19 breaks out in our prisons and youth detention centres. This will then have a substantial flow-on effect to the community.”
Professor Bartels said justice reforms to protect the health of prisoners and the broader community were essential.
“Prisoners have an acute risk of experiencing the severe and critical consequences of COVID-19 due to pre-existing health issues, and the lack of testing and treatment in prisons,” she said.
“Most people who enter prison are [unsentenced] and nearly a third are expected to serve less than 12 months.
“Tens of thousands of people are likely to be released into the community by the end of the year, making them potential carriers of coronavirus back into communities.”
