People who are in jail or prison, including youth, have the right not to be treated badly or cruelly. People who live in places that limit their freedom don't have much say over their lives or the choices they make, which can lead to abuse or denial of their human rights. In general, prisoners have the same rights as citizens. However, unlike citizens, prisoners must use their rights in a way that doesn't interfere with the jail or correctional facility's security, management, or ability to keep order.
In the past, courts haven't been very interested in keeping an eye on how prison officials treat inmates. To their credit, though, judges now recognise the importance of protecting prisoners' rights and will step in when necessary. It appears that prisoners in Victorian jails will have more opportunities to have their rights recognised now that the Human Rights Charter has been passed.
If you end up in jail, you'll need all the help you can get, especially when it comes to making sure your human rights are respected. That's why you should hire a professional criminal defence lawyer in Melbourne. They will make sure that jail follows all its important rules and duties during this time.
Victorian Corrections Act Defines Prisoners’ Rights
Part 47 of the Victorian Corrections Act outlines 15 rights every prisoner has:
- To be in the open air for at least one hour each day, if the weather permits (if not working outdoors);
- To be provided with food that is adequate to maintain the prisoner's health and well-being;
- To be provided with special dietary food where the prison manager is satisfied that such food is necessary for medical reasons, religious beliefs, or because they are a vegetarian;
- To be provided with clothing that is suitable for the climate and any work the prisoner is required to do and is adequate to maintain the prisoner's health;
- To wear suitable clothing of their own (if not serving a sentence of imprisonment);
- To have access to reasonable medical care and treatment necessary for the preservation of health, including, with the approval of the principal medical officer but at the prisoner's own expense, a private registered medical practitioner, physiotherapist, or chiropractor chosen by the prisoner;
- If intellectually disabled or mentally ill, to have reasonable access within the prison or, with the prison manager's approval, outside the prison to such special care and treatment as the medical officer considers necessary or desirable in the circumstances;
- To have access to reasonable dental treatment necessary for the preservation of dental health;
- To practise a religion of the prisoner's choice and, if consistent with prison security and good prison management, to join with other prisoners in practising that religion and to possess such articles as are necessary for the practice of that religion;
- To make complaints concerning prison management to the DJCS Secretary, the prison manager, an independent prison visitor, and the Victorian Ombudsman;
- To receive at least one visit that is to last at least half an hour each week;
- To be classified under a classification system established following the regulations as soon as possible after being sentenced and to have that classification reviewed annually;
- To send letters to, and receive letters from, certain people, including the Minister for Corrections, DJCS Secretary, Commissioner, independent prison visitor, Victorian Ombudsman, and a lawyer;
- To send and receive other letters uncensored by prison staff except where the prison manager considers that prison security is threatened; and
- To take part in educational programs in the prison. Understanding parole and probation in Victoria is also crucial for prisoners, as these programs can significantly impact their rehabilitation and reintegration into society.
These rights have been a part of the Corrections Act since 1986, but their interpretation has not significantly changed. However, the Castles case could lead to the development of a more comprehensive body of law in Victoria regarding prisoners' rights.
It is important to remember that the Corrections Act does not give prisoners absolute rights. Instead, the rights of prisoners are subject to the management decisions of correctional officials, who have to balance the needs of maintaining order and safety in the prison with other concerns related to corrections. But those concerns won't always be the deciding factor, as evidenced by the ruling in the Castles case.
Conclusion
In Victorian jails, prisoners' rights are limited by the need to keep things safe and orderly. However, important court cases like the Castles case show how these rights are becoming more recognised and protected. The Human Rights Charter and the Victorian Corrections Act work together to ensure that prisoners retain their basic rights and can access medical and religious services when they need them. These rights are protected by continuing judicial oversight, which demonstrates a dedication to humane treatment in the prison system and sets the stage for a more thorough and caring approach to prisoners' rights in the future.
