The vital importance of remand services

We have begun implementing the recommendations of an independent review into our remand services which reinforces the vital importance of legal and non-legal assistance for people facing remand.

‘The report and recommendations by the Centre for Innovative Justice (CIJ) provide us with a strong evidence base about the importance of our remand services and opportunities to improve our services and the broader remand system,’ said Summary Crime and Therapeutic Justice Director Kate Bundrock.

The review also gave us the opportunity to hear directly from people who have experienced remand.

‘When I first got in, I was absolutely terrified. I remember being, I would say on the verge of hysteric[al]…it was very cold…I had no shoes…I had no idea what to expect…I had never once ever thought that I would end up in prison and I did not know of anyone that had gone to prison.’

(Research participant speaking about her first experience of remand)

‘When someone is taken into custody after being arrested, remand lawyers are usually their first contact with the outside world. This means that in addition to legal advice, the lawyer is often providing or organising other practical support and assistance, like medical treatment, contacting friends, family or employers, arranging for kids to be collected from school and linking them to other support services,’ said Kate.

‘The review illustrates the complexity and importance of supporting people on remand and provides sound recommendations for change.’

In summary, the CIJ found:

• remand services are vitally important
• people facing remand value continuity of legal representation and need more time with their lawyers
• people facing remand also need more support for non-legal needs
• we should continue to work with people who have experienced remand to improve our services.

We commissioned this review because there has been an extraordinary amount of change in the justice system over the past six years and we want to ensure our services meet the continuing needs of clients.

Since receiving the final report, we have been discussing the recommendations with our staff, stakeholders and partners in the legal sector and planning their implementation.

Understanding the experience of clients and staff

The review examined our remand duty lawyer service and the operation of the bail funding guideline.

The CIJ spoke to Victoria Legal Aid (VLA) staff, private practitioners, the Magistrates’ Court, Victoria Police and support agencies.

Importantly, the review team also spoke to six people who have received a remand service in the past.

The experiences they shared vividly illustrate the trauma and confusion felt by so many of our clients, and the critical importance of our remand work.

… in that moment, you probably wouldn’t even be in a state anymore where you could accept a hug from someone that you cared about. That’s how far gone your ability to connect to anything is…[i]t doesn’t sound like a lot, but if you’re already in this really severely traumatising situation, unknown to you, withdrawing from drugs, separated from your child, have no contact with the outside world, it’s literally like, it’s like a living death.

(Former recipient of remand services)

Lawyers acutely understand the negative impacts of the powerlessness and confusion felt by clients. The review also accurately reflects the pressures faced by staff who deliver remand services every day.

You’re dealing with extremely vulnerable people who are oftentimes very unwell. And you’re dealing with their liberty and whether they’re going to get appropriate treatment or sent off to prison. And for obvious reasons, that’s extremely stressful.

(VLA lawyer)

How we are responding to the review

We are committed to responding positively to the findings and recommendations of the review.

Many of the changes identified are not things that we at VLA can or should do alone, and some recommendations will require funding to implement. We will seek to work with others and to advocate for system changes as part of our response.

Currently we are:

• communicating with partners and stakeholders about the review findings and recommendations, and amplifying the voices of people who have experienced remand
• looking for opportunities to provide greater support for the non-legal needs of people facing first remand – we’d love to have non legal roles working alongside our remand duty lawyers and will work towards achieving this
• working to ensure lawyers have adequate time with clients, particularly at the point of first remand when things can be very rushed
• supporting people facing remand to be represented by their ongoing lawyer if this is their preference
• ensuring our staff have the skills, knowledge and support they need to provide these vital services.

Importantly, we will continue to learn from people with lived experience of remand as we respond to the review.

Download the report