Police custody and young people: Informing human rights responses

  • Research program: Justice health
  • Project status: Current
  • Start date: July 2024
  • Expected end date: June 2027
  • Completion date:
  • Funded by: DECRA
  • Lead organisation: Curtin University

Dr Walker's proposed research will provide sophisticated and empirically informed national understandings of a process in the criminal justice process that, to date, has received little scholarly attention. Using an innovative study design in three Australian states, this ambitious project will produce new knowledge on issues facing young people in police custody, which will directly inform recommendations to improve their safety and wellbeing.

Project Background

In Australia, police custody (aka the watch-house, police cells or lock-up) is the first point of detention in the criminal legal process after arrest. The conditions of Australian police custody and the management and care of detainees have received national criticism from human rights advocates, academics, and Ombudsman institutions since the Royal Commission into Aboriginal Deaths in Custody (RCIADIC) in 1989. A limited number of studies have also found that the conditions of at least some police custody facilities are sub-standard, and that detainee access to appropriate and timely healthcare has been poor. Despite this, little publicly available information or data exist about the numbers or characteristics of people held in police custody facilities across Australia, or their experiences of detention. Youth detainees are amongst the most vulnerable populations held in police custody. Upon arrival in police custody, experiences of intoxication and drug withdrawal are common, which can be exacerbated by the distress and uncertainty of their incarceration. They are much more likely to experience socio-economic disadvantage, alcohol and/or other drug dependencies and have unmet complex and chronic mental and physical health needs than same aged young people in the general population. First Nations young people are much more likely to be detained than non-Indigenous young people, and for many their first interaction with the police and custody was as a child. They experience higher rates of socio-economic disadvantage and drug use, are three times more likely to have had parents in prison and twice as likely to be reincarcerated than non-Indigenous youth.

Project Aims

  • Understand the experiences of police custody detention from the perspective of young people and people who work in, visit or oversee police custody in Queensland (QLD), Victoria (VIC) and Western Australia (WA).
  • Examine the frameworks, policies, processes and resources available to guide and support the management and care of young people held in police custody in Australia.
  • Develop evidence-based recommendations to inform and advocate for policy and practice changes that better support the health and wellbeing needs of young people held in Australian police custody.

Research Activities

This 3-year study (2024-2027) is being conducted in Queensland, Victoria and Western Australia, and will involve the following activities.

  1. Yarning interviews with young people with experiences of police custody: Yarning interviews will be conducted with around 10 First Nations young people and 10 non-Indigenous young people aged 15-25 years with experiences of police custody in each state. Young people will be recruited via organisations who work with criminalised young people (e.g., legal services, alcohol and other drug services, First Nations health and social support services). Young people will be supported to share their experiences of detention, including specific events and encounters while in custody. Key areas of inquiry will include: 1) their perceptions of the physical environment and spaces of custody; 2) access to essential needs such as healthcare, hygiene facilities, information, exercise, and family and legal visits; 3) their experiences of interactions with police and custody staff, including perceptions of fairness, respect, and treatment while detained; and 4) changes needed to improve the conditions, treatment, and overall well-being of youth detainees.
  2. Police custody trends: Data will be acquired from police agencies in QLD, VIC, and WA, on the number of young people (aged 15-24 years) passing through police custody, including basic demographic information such as age, gender, and First Nations status.
  3. Desk-based policy review: A desk-based review will be conducted to examine international, national, and statelevel legal frameworks, policy directives, practice guidelines, and standards governing the management and care of detainees in each state. This review will identify key regulations and best practices that shape the treatment of young people in police custody across different jurisdictions.
  4. Determining roles, resources, and pathways for improvement: In-depth interviews will be conducted with approximately 15 professionals and staff who work in, visit, or oversee police custody in QLD, VIC, and WA. Participants may include custody officers, nurses, GPs, mental health assessors, lawyers, and Police Aboriginal Liaison Officers. These interviews will explore: 1) roles and responsibilities in detainee management and care; 2) available resources, support, and training for staff; 3) policies, frameworks, and processes guiding detainee care; and system-level and operational changes needed to improve conditions for both staff and youth detainees.
  5. Understanding police custody spaces, processes and systems: Ethical approval will be sought from police agencies to conduct observations at one rural and one metropolitan police custody facility in each state (Queensland, Victoria, and Western Australia). These observations will focus on understanding and mapping: 1) the intake process for individuals entering police custody; 2) healthcare pathways and access to medical services while in custody; and 3) the overall physical environment and operational procedures within custody settings.
  6. Sector-focused feedback and translation workshops: Project findings and key recommendations will be shared with researchers, consumer organisations, police representatives and individuals working in policy and practice across QLD, VIC and WA, with the aim of collaboratively identifying advocacy strategies to support policy and practice change beyond the project.
Research activities

Project Advisory Group

An Advisory Group will provide input and guidance on research activities throughout the project, made up of:

  1. Community organisations and advocacy groups working with young people, including those who are criminalised, at risk of justice system involvement, or impacted by policing in QLD, VIC, and WA.
  2. Researchers with expertise in policing, Aboriginal research, youth studies, human rights, law, and criminalised youth populations.
  3. Representatives from police departments in QLD, VIC, and WA.

Name & Contact Details Role Research Program Location
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Dr Shelley Walker
Tel: 0490 421 750
shelley.walker@curtin.edu.au
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Chief Investigator

Justice health

Melbourne

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Alejandra Zuluaga
Tel:
alejandra.zuluaga@curtin.edu.au
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Project staff

Justice health

Melbourne

This project aligns with the following Sustainable Development Goals and Targets: