ABSTRACT

The rapid increase in applications for bail was one of the earliest responses to COVID-19 across the Victorian court system. As the courts addressed the challenges that the pandemic posed it was accepted that COVID-19 would be taken into account as a surrounding circumstance relevant to the determination of bail applications.

The consideration of conditions in custody under COVID-19 restrictions as a factor relevant to the determination of bail applications has highlighted the need for greater communication and transparency of the onerous conditions for prisoners under COVID-19 restrictions.

While it was established that the impact of the pandemic on those in custody would be assessed by the courts on a case by case basis, the paucity of information on lockdown conditions within Victorian prisons has impeded the court’s ability to assess the competing considerations before it in determining questions of bail.

摘要

保释申请的迅速增加是整个维多利亚州法院系统对COVID-19的最早回应之一。当法院解决了大流行所带来的挑战时，人们接受了将COVID-19视为与确定保释申请有关的周围情况。

考虑将COVID-19限制下的羁押条件作为确定保释申请的相关因素，这凸显了需要对COVID-19限制下的囚犯的恶劣条件进行更大程度的沟通和透明化。

虽然已经确定大流行病对在押人员的影响将由法院逐案评估，但维多利亚州监狱中有关禁闭条件的信息不足，阻碍了法院在诉讼之前评估竞争性考虑因素的能力。确定保释问题。