A Perth magistrate has issued a stark warning to WA Police over what he dubbed a growing reluctance to grant bail for minor offences, declaring one day an alleged offender would take their life.
As the lion’s share of the 60 alleged offenders on last Saturday’s court list left lock-up and made their way to the dock, Magistrate Brian Glustein grilled prosecutors about why many of them were there in the first place.
Too many people were being kept overnight, the magistrate said.
“When is the message going to get through to someone senior in the police force?” he said.
“It’s easier for an arresting officer to grant bail, you know. There’s less paperwork.
“The number of people appearing before this court on a Saturday that ultimately will never receive a jail term … and I’ve got to wonder why. But nothing changes.”
Glustein put the proposition to two police prosecutors, both of whom declined to be drawn on the issue after realising there was media present.
But he made it clear his concern was rooted in the fear the practice may have dire consequences.
“One day, someone in this situation, someone denied bail for an offence where there is no possibility of jail, will tragically take their life in custody, and it will be front page news and everyone will be asking [police] why,” he told the court.
“They’ll be asking why police wouldn’t put someone like this on notice…”
One by one, all but a handful of the alleged offenders who arrived from police lock-up were released on bail.
When quizzed by this masthead, a WA Police Force spokesperson doubled-down, saying the force backed the decisions of its officers.
“The Western Australian Police Force works closely with the judiciary and regularly engages with Magistrates on a broad range of issues,” the spokesperson said.
“We are confident our officers are making appropriate decisions around granting or denying bail in the performance of their duty to keep the community safe.”
The state government also refused to comment on the issue, with the offices of Attorney General John Quigley and Corrective Services Minister Paul Papalia both insisting the matters were operational.
WAtoday’s inquiries, including questions about whether the practice was placing further strain on the already embattled judicial system, were redirected to WA Police.
But there’s little doubt the practice has repercussions for the state.
The Law Society of Western Australia said it had witnessed a sharp increase in the number of people being denied police bail for offences that would not typically warrant jail time.
And those granted police bail were being released with unnecessarily stringent conditions, including orders not to enter the city’s entertainment precincts, only for those conditions to be removed during their first court appearance.
Law Society president Ante Golem said they were of the view the change in police practices were placing undue stress on the prison and judicial system, particularly when combining the cost of holding an accused overnight and the costs of each court appearance requiring the attendance of staff, security and duty lawyers.
The real net cost of keeping a prisoner behind bars in WA is $370 per day, according to the federal government’s Productivity Commission.
While there is limited data on the cost of police lock-up, statistics from Corrective Services indicate the costs can be higher for detainees doing shorter stints when factoring in the assessment process and support required.
To make matters worse, WAtoday understands the city’s Central Law Courts do not have an adequate number of holding cells for all those appearing on a given day, with the District Court’s facilities having to be used as backup.
And the issue becomes particularly problematic on weekends and public holidays, with the Northbridge Magistrates Court at the Perth Watchhouse known to sit until late afternoon.
Golem said the Law Society echoed Glustein’s concerns about the negative toll the practice was taking on the mental health of those in the police watchhouse, revealing some were unable to get an accurate guidance about when their next court appearance would be and were often bounced between police stations and courthouses.
He was also concerned the practice was at odds with recommendations of the Royal Commission into Aboriginal Deaths in Custody and only contributed to the high rate of over-representation of Aboriginal people behind bars.
“[The refusal of police bail] does create problems in the judicial system, magistrates have to deal with the applications for bail which should have been granted by police ... there are too many detainees in the lock-up waiting to go to court, and [it] causes problems for the detainees themselves,” Golem said.
The latest auditor-general’s report on adult bail found police granted bond in just 55 per cent of cases.
Those refused police bail were then held in police custody before being brought before the courts, which in turn granted bail to more than half of those considered.
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