The Law Handbook 2024

230 SECTION 3: Fines, infringements and criminal law determine the visiting rights of the person in prison and any specific rules governing visits. People in prison must record the full name, address and birth date of potential visitors on their prison visit lists. People in prison can refuse to accept visits from other people, including families, relatives and friends. The prison manager has the discretion to extend or limit visiting rights. Special exceptions can be made for compassionate reasons. There are restrictions as to what items can be given to people in prison. All gifts must be passed through the property section of the prison. Again, it is prudent to check with the particular prison as to what items and what amount of money is permitted. The Corrections Act requires visitors to give prescribed information. This includes the person’s identity, address, occupation, age, relationship (if any) to the person in prison and the purpose of the visit. Section 43 of the Corrections Act gives the prison manager the power to refuse or terminate visits for security reasons. Prison managers have the power to prohibit visitors from entering all or any prisons in Victoria if they believe on reasonable grounds that the good order or security of prisons or the safety of people in prison or visitors to prisons is threatened. Visitors will be subject to searches of themselves and their belongings (ss 44, 45, 46 Corrections Act; reg 89). The prison manager has the power to direct a person to submit to drug or alcohol tests. If a person tests positive to such a test the prison manager can refuse prison entry. If you are planning to visit a person in prison: • contact the prison before you visit; • make sure you are on the person’s visitors list; • make sure you have the correct identification; • check the prison’s visiting times and the rules for visitors; • only take allowed property and money; • do not take any prohibited items into a prison. For more information, see www.corrections.vic.gov. au/prisons/contacting-and-visiting-prisoners . Visits from lawyers and police officers Professionals, including lawyers and police officers, may arrange with the prison to visit people in prison in person or via an online communications platform like Zoom. These visits are only to be made in a professional capacity and only in accordance with prison security and visiting protocol. Legal representatives are permitted to visit at times fixed by the Corrections Regulations, between 8.30 am and 3.30 pm. Visits outside these hours are permitted with permission from the Minister for Corrections, the DJCS Secretary, or the prison manager. Legal representatives are permitted to exchange legal documents with people in prison, and with the prison manager’s permission, the person in prison may retain legal documents in their possession (s 40; reg 75). It is best to check with the prison to confirm professional visiting hours. Police visits: peoples’ rights A police officer may visit a person in prison between 8.30 am and 3.30 pm. People in prison may refuse such a visit or, if visited, may refuse to be interviewed (s 41(3)-(4) Corrections Act). Following the introduction of section 464B into the Crimes Act 1958 (Vic) (‘ Crimes Act (Vic) ’), police may now make an application to the Magistrates’ Court for an order permitting them to interview a person in prison for offences other than offences for which they are held in custody. This amendment to the Crimes Act (Vic) does not remove the person’s right to silence or privilege against self-incrimination. Visitors’ identification Visitors need to have 100 points of identification, which may include a combination of passport, driver licence, Medicare card, rates notice and/or birth certificate. There may be some slight variation between different prisons so it is a good idea to check with the relevant prison before attempting to visit. A list of approved identification is provided on the website of Corrections Victoria (www. corrections.vic.gov.au/prisons/visiting-a-prisoner/ identification) . Restrictions on who can visit a people in prison There are restrictions on who can visit a person detained in prison. Persons with a criminal history People with a prior criminal history typically have to seek permission from the prison manager to visit someone in custody. The visits sections of prisons