• A public authority must treat all persons in detention with humanity and dignity.
  • The conditions under which people are detained in Victoria should conform to internationally accepted standards. These standards are discussed on page 140.
  • The right to humane treatment applies to all persons (children and adults) under detention. It requires that individuals who are detained ought not to be subject to any hardship or constraint other than that resulting from the deprivation of liberty.
  • Persons detained ought to be provided with services that will satisfy their essential needs.
  • An accused person who is detained is entitled to a different treatment regime than a convicted detainee. This includes segregation from convicted prisoners while in detention, except where it is reasonably necessary not to segregate. Convicted detainees are nonetheless entitled to the full enjoyment of the rights in the Charter, subject to any reasonable limitations on these rights under section 7.
  • Refer to s. 23 for the rights of children in the criminal process.