Recommendation 146

This recommendation is assigned to CSNSW.

Recommendation

That police should take all reasonable steps to both encourage and facilitate the visits by family and friends of persons detained in police custody.

Context

At the commencement of Chapter 24.1 the Royal Commission report stated that issues dealing with Police and prison custody deaths would be dealt with separately in different chapters as the issues were quire distinct. Since the time of the RCIADIC report, Corrective Services NSW (CSNSW) has taken operational responsibility for some police/court cells. The Royal Commission acknowledged that visits from family and friends were equally important as cell visitor schemes in rec 145. The Royal Commission considered that police watch house should be designed to provide adequate space and facilities to facilitate visits and where possible, contact visits. This recommendation is primarily directed at NSW Police, however CSNSW has responded as far as it relates to CSNSW.

Detail of implementation

As per COPP 10.1.4 police and court cells managed by CSNSW are not physically suitable for family or friend visits.  Other constraints are court attendance, security, and staff supervision.

Inmates are transferred into a correctional centre at the earliest opportunity (usually within 24 hours) and visitation processes commence after the reception and induction process is completed. Furthermore, Correctional Centres have purpose built visiting sections, that provide a more therapeutic and family friendly environment for visits to be facilitated within.

Visits may occur in police/court cells under the following circumstances:

• An initial visit for fresh custody inmates at 24-hour cell locations in country regions at the discretion of the Officer in Charge (OIC).
• Where a large substantial bail undertaking is involved.  These maybe permitted by the OIC in the presence of the legal representative and/or interpreter.

The OIC of the police/court cell complex may approve a visit when:

•  there are adequate and secure facilities.
• there are sufficient supervisory personnel.
• the operations of the cells would not be adversely affected.
• the visitors are scanned with a metal detector.
• the same policies and procedures apply to a family visit in a police or court cell as they do in a correctional centre.

Since 1 January 2013-2021, there have been 48 visits to inmates in NSW court cells.

Evidence

• COPP 10.1 Visits to inmates by family and friends (PDF, 944.7 KB)