Posts in Case Notes 17- Remand/Bail
Keeping children out of custody wherever possible – the Supreme Court of Victoria overturns decision to refuse bail to 15-year-old child

HA (a pseudonym) v The Queen S EAPCR 2021 0019 (19 March 2021)

The Victorian Supreme Court overturned a decision to refuse bail to a 15 year old child. In deciding to grant a child bail, Justice Maxwell and Justice Kaye were guided by the “fundamental principle” of the youth legal system to “keep children out of custody wherever possible.” Their Honours also raised the “unacceptable” rate of over-representation of Aboriginal and Torres Strait Islander people in the criminal legal system and considered that the “courts have a duty, in cases such as this, to be conscious of the need to avoid compounding those incarceration rates.”

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Cindy Miller inquest – summary of findings

Inquest into the death of Cindy Leigh Miller (COR 2018/1782)

On 22 January 2021, the Coroner handed down his findings in the inquest into the death of Ms Cindy Leigh Miller in the Coroner’s Court of Queensland.

Ms Miller died in custody at the Ipswich Watchhouse on 21 April 2018. Ms Miller’s cause of death was ‘mixed drug toxicity’. The Coroner found that it took police at the Watchhouse well over an hour to realise that Ms Miller was unresponsive.

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European Court of Human Rights finds Russia breached human rights of Pussy Riot members

Case of Mariya Alekhina and Others v Russia (ECHR, Third Section, Application no. 38004/12, 17 July 2018)

The European Court of Human Rights has found that Russia breached human rights conventions in the prosecution and imprisonment of feminist protest band Pussy Riot.

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