What
Prisoners arrested by police are held in police cells and the Melbourne Custody Centre
whilst awaiting court or reception into the prison system. These prisoners transfer into
prison when a bed is available. Corrections Victoria is obligated to minimise the number of
prisoners held in police cells and the amount of time they spend in police custody.
Generally prisoners will transfer to the Melbourne Custody Centre pending transfer into
prison.
Why
Under the Corrections Act 1986, Victoria Police operate cells where people may be
detained, including intoxicated persons, persons awaiting interview or a bail/remand
hearing, and sentenced and remand prisoners.
It is necessary to hold prisoners in Police cells in order to facilitate pending Court
appearances and manage the transition of prisoners into the Victorian Prison system.
When
Prisoners transfer from police cells into the Melbourne Assessment Prison (MAP) (males)
and Dame Phyllis Frost Centre (DPFC) (females) each weekday. Where necessary,
Corrections Victoria will conduct weekend receptions.
Who
The Sentence Management Branch is responsible for liaising with Victoria Police,
Prisoner Management Unit and relevant prison management to monitor the movement of
prisoners from police custody.
SENTENCE MANAGEMENT MANUAL
This Commissioner’s Requirement describes the process for the administration of
prisoner transfers from Victoria Police.
CORRECTIONS VICTORIA - SENTENCE MANAGEMENT BRANCH
RECEPTIONS FROM VICTORIA POLICE
PT
2
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PRISONER TRANSFERS FROM VICTORIA POLICE
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Contents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Police Cells
Prison Reception Points
Reception of High Risk Prisoners
Weekend Reception Process
Dual Reception Process
Psychiatric prisoners
Medically ill prisoners
7.1 Prisoners in police cells requiring hospitalisation
Pre-Sentence Detention
Emergency permits
Facilities for Prisoners in Police Cells
10.1 Property
Related Policy and Procedure
Corrections Act 1986
Mental Health Act 2014
Corrections (Police Gaols) Regulations 2005
Charter of Human Rights and Responsibilities Act 2006
Memorandum of Understanding between CV and Victoria Police -‘Prisoners in Police Cells’
Custodial Community Permit Program Guidelines
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PRISONER TRANSFERS FROM VICTORIA POLICE
1.
PT 2
Police Cells
Section 11 of the Corrections Act 1986 allows for the Governor in Council to appoint any premises or place
that is not a prison to be a police goal. The Minister for Corrections is required to publish a copy of such an
order in the Government Gazette.
An unsentenced or convicted person serving a sentence of imprisonment who is detained in a police cell is
in the custody of the Chief Commissioner of Police. This person ceases to be in police custody when his or
her transfer from the police cell to a prison is completed. A transfer is complete when the person is received
at the prison and the documents authorising the person’s detention in the prison are produced to the proper
officer in the prison.
The Chief Commissioner of Police has the authority to transfer prisoners from one police cell to another.
The Memorandum of Understanding between Victoria Police and Corrections Victoria recognises that
…where practicable, no prisoner should remain continuously in police cells for more than 14 days.
The one exception to this is where a short-term prisoner is held in Mildura watch-house and both
parties agree that, on welfare grounds, the prisoner would be more appropriately managed in
Mildura than being transferred to the Melbourne Custody Centre or other police watch-house.
Accordingly, it is clear that police cells are available for very short-term detention and that prisoners should
be transferred to CV prisons as soon as possible.
2.
Prison Reception Points
MAP is the reception point for all male prisoners entering the prison system; DPFC is the equivalent
reception point for female prisoners. Prisoners transfer from police cells into MAP and DPFC on a daily
basis (weekdays).
MAP and DPFC prison management are responsible for liaising with Victoria Police, Prisoner Management
Unit each weekday to provide them with the total number of prisoners they are able to receive, based on the
number of useable mainstream and protection beds at the location.
The Sentence Management Branch is responsible for monitoring the numbers provided by the locations,
and liaising with Victoria Police regarding the numbers in police cells and availability and priority for transfer
into DPFC and MAP.
MAP and DPFC prison management must provide the Sentence Management Branch with a vacancy
report daily that provides details of available vacancies.
In consultation with the Sentence Management Branch, Victoria Police determines the order in which
prisoners transfer into the prison system. Generally prisoners enter the system based on the number of
days they have spent in police custody, however prisoner with special needs (for example, medical or
psychiatric needs) may be prioritised based on advice from health professionals.
In addition, the Sentence Management Branch may request that a prisoner be prioritised for transfer and
will liaise with Victoria Police.
3.
Reception of High Risk Prisoners
A Senior Assistant Manager, Sentence Management Branch will monitor the prisoners in police cells daily to
identify any high risk prisoners before they enter the prison system.
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Prisoners who may be considered high risk include:
 prisoners who poses a significant risk to staff and other prisoners (for example, through violent
and/or predatory behaviour)
 prisoners with undue or undesirable influence within the criminal hierarchy (for example,
Gangland members)
 prisoners who have a demonstrated history of escape from a maximum security facility, or whose
escape from custody would raise the highest levels of concern within the community
 prisoners who represent a danger to the State (for example, terrorists)
 prisoners and offenders whose offences are viewed as particularly abhorrent by the community,
or which attracted significant and ongoing media attention
 prisoners in serious danger of harm from other prisoners (for example, those who intend to give
evidence fro the Crown in significant cases).
The Assistant Commissioner, Sentence Management Branch must be advised of any high risk prisoners
entering the prison system.
4.
Weekend Reception Process
There is ability for prisoners to transfer from police cells into MAP on weekends. This may be utilised during
periods of high demand and will only occur subject to available vacancies and with the consent of the
General Manager, Melbourne Assessment Prison.
This process is generally used to return prisoners who have transferred from MAP to police cells to attend
court (non identified returns). If new receptions are to be received, the Sentence Management Branch or
MAP (through with Justice Health) will arrange for health staff to complete the required assessments.
5.
Dual Reception Process
There is agreement in place for the direct reception of male prisoners into Port Phillip Prison. This process
may be utilised during periods of high demand and will only occur subject to available vacancies and with
the consent of the Director, Port Phillip Prison. The conditions of the agreement include:
 receptions to occur on a Wednesday
 up to ten prisoners either mainstream or protection (can’t be a combination)
 Port Phillip Prison management must be provided with 48 hours notice.
The Sentence Management Branch will liaise with Victoria Police to determine the most suitable prisoners
to be transferred directly into Port Phillip Prison. The Sentence Management Branch will specifically review:
 Risk and Recommended Actions (with a particular focus on the psychiatric and suicide/self harm
alerts)
 prior prison history
 any placement issues identified.
6.
Psychiatric prisoners
Where a prisoner in police cells is subject to a warrant authorising his or her detention in prison, and has
been certified for involuntary admission to a psychiatric hospital under the Mental Health Act 2014, the
prisoner should:
 be transferred to prison when practicable
 be considered for transfer to a psychiatric hospital – not necessarily the hospital named in the
order – as a ‘security patient’ subject to the Mental Health Act.
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Where:
 a hospital order has been issued in relation to the prisoner, or
 where transfer to a psychiatric hospital is thought by a police medical officer or custodial nurse
to be desirable, and
 the Chief Commissioner of Police has not issued an order pursuant to the Mental Health Act
Sentence Management Branch may arrange for the prisoner’s transfer to prison to be expedited and will
refer the prisoner’s case to appropriate psychiatric staff.
Consideration may, if appropriate, then be given by the Commissioner, Corrections Victoria to transfer the
prisoner to a psychiatric hospital subject to the provisions of the Mental Health Act.
7.
Medically ill prisoners
The medical management of prisoners in police cells is the responsibility of police medical officers and/or
custodial nurses on behalf of the Chief Commissioner of Police.
7.1 Prisoners in police cells requiring hospitalisation
Should a prisoner in police cells require medial treatment at a hospital, Victoria Police will escort the
prisoner to a local hospital for assessment and/or treatment. Victoria Police remain responsible for the
supervision of the prisoner throughout this process.
Note: If the local hospital is St Vincent’s Hospital, Victoria Police continues to remain responsible for the
supervision of the prisoner until such time as the prisoner is admitted into St Augustine’s secure
ward via the process outline below.
Where, in the opinion of a treating physician, the prisoner requires admission to St Augustine’s Ward
(secure ward at St Vincent’s Hospital), they will liaise directly with the admitting officer or emergency
physician to arrange assessment. The admitting officer or emergency physician will make a decision on
whether to admit the prisoner.
Upon admission into St Augustine’s, the prisoner is deemed to be transferred into prison custody (Port
Phillip Prison). A warrant authorising the prisoner’s detention in custody are required to be provided to Port
Phillip Prison records (male prisoners) or the Dame Phyllis Frost Centre (female prisoners) and the
Manager, Sentence Calculation and Warrant Administration.
Note:
No prisoner will be accepted into St Augustine’s without appropriate documentation (or in the case
of an after hours emergency - authorisation from the Duty Director).
Port Phillip Prison management must advise the Manager, Sentence Management Unit Operations of any
reception from police into St Augustine’s.
The relevant prison manager must generate a Corrections Administration Permit (for Health) to cover the
period of time the prisoner is in St Augustine’s.
When prisoners are discharged from St Augustine’s they will transfer to MAP (male prisoners) or DPFC
(female prisoners) unless medical advice indicates otherwise.
The Manager, Sentence Management Unit Operations must be advised of the discharge of these prisoners.
The Prisoner Transport Services Contract provides for prisoner transfers from St Augustine’s to Corrections
Victoria and police facilities. The Prisoner Transport Contractor requires approval from the Sentence
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Management Branch to effect these transfers. St Augustine’s staff are required to contact the Manager,
Sentence Management Unit Operations with the request to transfer the prisoner. The Escort Coordinator
will liaise with the Prisoner Transport Contractor to arrange the escort. Written advice must be emailed
providing the following information:









transfer date
identifying information (CRN or person ID)
surname and given name
prisoner type (male or female)
collection location
destination
protection Status (if relevant)
separation instructions (if relevant)
Risk and Recommendation Actions alerts.
Port Phillip Prison management is required to generate the instrument of transfer.
8.
Pre-Sentence Detention
The Sentencing Act 1991 provides for prisoners being granted pre-sentence detention (PSD) for periods
spent in police cells prior to sentencing. The discretion to grant this rests with the sentencing court. There
is no power for this matter to be adjusted or amended by Corrections Victoria. Accordingly, where a
prisoner believes that they have not been credited with sufficient PSD they should raise the matter with their
legal representative so that the matter can be referred back to the court.
9.
Emergency permits
Prisoners in police cells are not considered eligible to participate in the Custodial Community Permit
Program. However, should a prisoner in police cell request that they be granted an emergency permit (for
funeral or serious Illness or in other exceptional circumstances), Victoria Police should liaise with the
Sentence Management Branch to consider prioritising their transfer into prison to facilitate participation in
the program.
10.
Facilities for Prisoners in Police Cells
Generally, the management and operation of police cells is the responsibility of the police. The
responsibility for providing essential requirements to meet basic prisoner needs rests with the police.
In very rate cases of real necessity, the prison managers of the reception prisons may supply a limited
amount of toiletries and clothing to prisoners accommodated in police cells. This provision of toiletries
should occur only after consultation between the reception prison manager and the Victoria Police,
Operations Department.
10.1 Property
Property belonging to unconvicted prisoners is generally transferred with the prisoner to the reception
prison. If it is retained at the police cell, the prisoner may provide written permission to have it collected. .
Where a sentenced prisoner is transferred from police to prison custody, it is expected that his or her
property be transferred with, or shortly after, the prisoner.
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