Research + Projects

Victoria Legal Aid Remand Review

The CIJ was commissioned for an independent review of VLA’s legal and non-legal services to people on remand.

Melissa Bell, Gunditjmara/Yorta Yorta Rain Coming Down #8, 2023.

“… 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”.   Lived experience participant  

 

” 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  

 

Victoria Legal Aid commissioned the Centre for Innovative Justice to review its remand services. The CIJ interviewed several people who had first-hand experience of being remanded in custody while undertaking the review finding they had very little understanding of the confusing legal processes taking place around them, leaving them with a profound sense of powerlessness.  The Review was informed by data about the remand service, a review of the literature, and consultation with professional stakeholders in the justice system. However, it was the first-hand accounts of traumatic and distressing experiences from people with lived experience that were particularly compelling. These accounts make it clear that the bail and remand process – in which VLA plays an important role – must better respond to the needs of people who have been remanded in custody.  

All of those we interviewed highlighted the importance of addressing pressing needs when people are first remanded – whether these needs are legal or not. People who had been on remand described the devastating impacts on themselves and others when these needs were not met. The importance of providing remand services was also deeply felt by all lawyers interviewed. They demonstrated both a strong sense of responsibility and commitment to the work they perform as well as an acute sense of systemic challenges that impact their work, and their clients. It is critical that the unique perspectives of those with experience of the remand service are brought to the fore when VLA seeks to understand how it might better meet the needs of its clients. In our view, the importance of listening to and learning from the experience of VLA’s clients and those with lived experience of the remand system cannot be understated; it is through this lens that this Review’s findings and recommendations should be viewed. Our recommendations also seek to better support lawyers providing critical remand services, acknowledging the tremendous responsibility, skill and commitment required, the risk of ‘burn out’ and vicarious trauma experienced by remand lawyers and the importance of providing the conditions for them to do their best work. 

The CIJ has made many recommendations for improvement to VLA’s remand services, which VLA have started to implement. One of the most important recommendations made by the CIJ is that VLA should ensure that their services are always informed by people with lived experience.

Both a summary and the full report can be access in the links below.

For further information visit  Victoria Legal Aid (VLA) 

 

Key People

Stan Winford

Stan Winford

Associate Director of Research, Innovation & Reform

Stan is a legal and justice system expert with experience in innovation and reform, including user centred design and applications for restorative and therapeutic justice in criminal and civil law.

View profile
Dorothy Armstrong

Dorothy Armstrong

Adviser & Peer Support Worker

Dorothy Armstrong is an advisor, lived experience expert and peer mentor. She works extensively across the disability and criminal justice sectors and provides advice on a range of issues relating to people with acquired brain injury involved in the criminal justice system.

View profile
Megan Hughes

Megan Hughes

Senior Adviser, Research and Advocacy

Megan Hughes is a lawyer, writer and policy adviser with experience working in the public, private and not-for-profit sectors.

View profile
Emily Piggott

Emily Piggott

Senior Adviser, Research and Advocacy

Emily is a social worker with extensive direct practice experience working with people with disability involved in the criminal justice system.

View profile
James Davis

James Davis

Administrative Officer - Open Circle

James is an experienced administrator, having worked in many varied administrative roles over his career.

View profile