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This is a Coronial Inquest recommendation

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2023 VN 7

Police procedures regarding arrest and bail

That the Chief Commissioner of Victoria Police amend any Victoria Police Manual (VPM) policies and guidelines to

7.1 ensure an Aboriginal or Torres Strait Islander person under arrest has a meaningful opportunity to make an informed decision about whether to accept an offer to communicate with a VALS CNO, including providing the person with information about the purpose of that contact and what assistance the CNO may be able to provide.

7.2 ensure an Aboriginal or Torres Strait Islander person under caution has a meaningful opportunity to both: 7.2.1. consider whether to exercise their rights to communicate with a friend or relative and a legal practitioner; and 7.2.2. to exercise those rights.

7.3: That the Chief Commissioner of Victoria Police amend any Victoria Police Manual (VPM) policies and guidelines to ensure they prominently identify the circumstances in which Police BDMs are permitted under the Bail Ad to grant bail to an Aboriginal or Torres Strait lslander person who is required to demonstrate the existence of exceptional circumstances.

7.4: That the Chief Commissioner of Victoria Police amend any Victoria Police Manual (VPM) policies and guidelines to require a record of all bail decisions made by Police BDMs, including where bail is neither granted nor refused but a person is taken before a court for decision, that reflects who made the decision, the relevant charge(s) and, if bail is not granted, the reasons for the decision and the information that informed the decision.

7.5: That the Chief Commissioner of Victoria Police amend any Victoria Police Manual (VPM} policies and guidelines to require that when preparing a remand brief, members include reference to a person's Aboriginality in the remand summary so that BDMs are alerted to the relevance of s3A of the Bail Act in any remand/bail application.

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© 2025 Aboriginal Justice Caucus.

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© 2025 Aboriginal Justice Caucus.

All rights reserved.