Victoria’s auditor-general is examining whether the state’s use of police cells to hold prisoners is undermining human rights and the effective operation of the justice system. The Victorian Auditor-General’s Office (VAGO) says the audit will assess how Victoria Police, the Department of Justice and Community Safety, and Court Services Victoria manage prison capacity and police-cell detention.
Police cells are intended for short-term custody, including after an arrest or while a person awaits a bail hearing. But reports in 2025 described people being held beyond the recommended 14-day limit, with some detainees moved between stations as authorities tried to manage a shortage of prison beds and corrections staff. The practice is commonly known as “decanting”.
VAGO says transfers between stations can mean people are moved hundreds of kilometres from their homes and communities. It warns that this can contribute to missed court appearances and make it harder for detainees to access lawyers and health services. The audit will examine whether the agencies responsible are managing capacity in a way that supports human rights and allows the justice system to function efficiently.
The issue has drawn attention as Victoria’s remand population and pressure on correctional facilities have grown following changes to bail laws. VAGO said recent bail reforms were likely to continue placing pressure on prison beds and staffing during 2026 and beyond. The audit is intended to examine how that pressure is being managed, rather than to make a finding that any particular agency has breached human rights.
Figures presented to Victoria’s Public Accounts and Estimates Committee for 2024–25 showed that 58 people completed their entire sentence in police cells and 94 people were held there for more than 14 days. Transfers between police cells increased from eight in 2023–24 to 43 in 2024–25, with capacity constraints cited as a factor. These figures underline the scale of the issue that has prompted scrutiny.
Extended detention in police cells can affect access to legal advice, court hearings, medical treatment and contact with family. Victoria’s human rights framework recognises that people deprived of their liberty must be treated humanely and with dignity. The auditor-general’s review will consider the systems and capacity arrangements involved; its findings have not yet been released.
VAGO confirmed to Guardian Australia that the audit was under way and expected to be tabled early in 2027. Its published audit outline identifies Victoria Police, the Department of Justice and Community Safety, and Court Services Victoria as the agencies to be examined.
The audit comes amid wider debate about prison overcrowding, bail settings and the use of police facilities for people serving sentences or awaiting transfer into the corrections system. Its findings should help clarify how often prolonged detention occurs, how agencies coordinate transfers and whether current arrangements adequately protect detainees’ rights and access to justice.
