Many of us working in the criminal justice sector had been dreading but were not surprised by, the arrival of positive cases of COVID-19 in prisons in mid-July. COVID-19 was already a reason we were using for people to be released on bail and for having sentences reflect the harsher prison environment that the pandemic had brought.
The rising level of fear and anxiety of prisoners and their families was, and is, completely understandable. With COVID-19 having reached the prison population, the risks for prisoners are real. It is plain to see that prisons are vulnerable environments. Hundreds of people detained in close confined quarters and concerns around hygiene standards and access to masks are but some of the issues that make them fertile ground for the virus to grow in. Access to essential health care is vital.
Exacerbating our concern is that many prisoners are already in poor health and susceptible to illness when they come into contact with the justice system. A high proportion of people detained have various underlying physical and mental health issues, and their needs are often complex. Many prisons are not places just filled with violent hardened criminals that one might imagine are best locked away. Many prisoners are either victims themselves, have been diagnosed with significant physical, psychiatric, and mental conditions, are children, are Aboriginal and Torres Strait Islander people, are from refugee backgrounds, are homeless, or are stuck in a cycle of poverty, unemployment, and disadvantage. Therein frequently lies a collection of traumatic, unfair, and abusive stories.
Aside from the higher risk of contracting the virus in the prison system, the COVID-19 era has also brought significantly harsher conditions for those currently on ‘remand’ or serving sentences in Victorian prisons. Being on remand in custody is the period spent awaiting the determination of one’s matter where bail in the community has not been granted. Remand prisoners may be awaiting a bail application or it may have been refused and the next step is trial. It’s important to note that these people have not been found guilty as yet and the presumption of innocence is still very much in play.
As a protective measure, all prisoners, including children, are being tested and quarantined in isolation for 14 days as soon as entering the prison population. And while it is a necessary health step, that doesn’t make the actual reality of being effectively in solitary confinement for days on end any