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Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
332
Standard guidelines for police custodial facilities
That the Commonwealth, State and Territory Ministers for Police should formulate and adopt standard guidelines for police custodial facilities throughout Australia.
Previous reviews noted that standard guidelines were developed in 1993 in consultation with all jurisdictions through the Australasian Police Ministers’ Council. We could not find a copy of these guidelines, more recent updates, or any evidence they are used to guide contemporary police practice.
Aboriginal Justice Caucus Assessment
Recommendation 332 intended that Ministers for Police adopt standard guidelines for the treatment of people in police custodial facilities across Australia. Previous reviews noted that standard guidelines were developed in 1993 in consultation with all jurisdictions through the Australasian Police Ministers’ Council. We could not find a copy of these guidelines, more recent updates, or any evidence they are used to guide contemporary police practice.
The existence of guidelines in and of themselves does not guarantee any improvement in the treatment of people in custody, particularly Aboriginal people. It is unsurprising that the recommendations emerging from truth-telling, reviews and inquiries in Victoria all highlight the need for legislative change to improve the treatment of Aboriginal people in custody, rather than other measures.
Priority for Further Work:
Low
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Background
The Royal Commission into Aboriginal Deaths in Custody emphasised that the adoption of Standard Guidelines for Corrections in Australia should be replicated by the development and adoption of equivalent guidelines for police custodial facilities.
There is absolutely no reason, point of common sense or principle as to why the basic human rights of persons in police custody should receive less attention than of prisoners.
Actions Taken Since Last Review
Victoria Police
In 2023, Victoria Police advised that Recommendation 332 is not a matter for Victoria Police, noting that it requires action from the Commonwealth, state and territory Ministers for Police. Victoria Police has limited ability to formulate standard guidelines for police custodial facilities for jurisdictions outside of Victoria.
However, Victoria Police has taken actions in accordance with the intent of the recommendation, including:
- On 21 October 2022, State Emergency Support Command facilitated a visit of Melbourne West Police station by four delegates from the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. While Victoria Police received positive verbal feedback, the delegates expressed disappointment that Victoria has not yet established a National Preventative Mechanism (NPM) despite being compelled to do so by the ratification of the Optional Protocol to the Convention Against Torture (OPCAT).
- Once established, the NPM will be expected to conduct independent inspections of places where people are detained which will likely result in recommendations reflective of best practice.
- State Emergency Support Command are currently providing advice to the Operational Infrastructure to assist with the development of standard designed guidelines for Victoria Police detention facilities.
- In 2023, the Australia New Zealand Policing Advisory Agency approved a Victoria Police proposal to explore a nationally consistent policy for management of persons in police custody and for this item to be added to the Agency business plan 2023-24.
Australian Federal Police
The undated Australian Federal Police National Guideline on persons in custody and police custodial facilities states in the ‘policy’ section that:
All forms of custody must be appropriate and justified in the circumstances. Police must minimise any potential for injury when exercising custody powers.
Any person in police custody must be treated with humanity, dignity and regard for their civil rights, and not be subjected to cruel, inhumane or degrading treatment.
Members must have regard to the Ministerial Council for Police and Emergency Management 'Standard Guidelines for Police Custodial Facilities'.
While the Ministerial Council for Police and Emergency Management ‘Standard Guidelines for Police Custodial Facilities’ are mentioned, we were unable to find a copy of these Guidelines.
Impact
Outputs
Ministerial Council for Police and Emergency Management ‘Standard Guidelines for Police Custodial Facilities.’
Outcomes
We could not locate a copy of the Standard Guidelines for Police Custodial Facilities endorsed by the Australasian Police Ministers’ Council in 1993.
The advice provided by Victoria Police suggests that standard guidelines for the treatment of people in police custody do not currently exist in Australia.
The Australia New Zealand Policing Advisory Agency approved a Victoria Police proposal to explore a nationally consistent policy for management of persons in police custody and for this item to be added to their business plan 2023-24.
Community Views
Australian Law Reform Commission
The Australian Law Reform Commission (ALRC) was informed by various stakeholders that police practices contribute to the over-incarceration of Aboriginal and Torres Strait Islander peoples. To address this, the ALRC recommended that governments review police procedures and practices—both in design and implementation—while involving a wide range of stakeholders, including Aboriginal and Torres Strait Islander communities.