Criticism of Victoria Police's Welfare Checks in Custody

Justice Michael Croucher of the Victorian Supreme Court has condemned the practice of Victoria Police waking detainees during the night for welfare checks, labeling it as “idiotic” and “cruel.” His remarks stem from a decision made in May 2025, where he moved a murder trial from Shepparton to Melbourne, citing that the accused were too sleep-deprived to adequately participate in their defense. The judge highlighted that the police's policy of conducting hourly checks on detainees, which was established following inquests into deaths in custody, is inappropriate for low-risk individuals.

The Guardian

Croucher emphasized that the continuous disturbance of detainees, who were classified as low-risk regarding their physical and mental health, undermines their ability to receive a fair trial. He noted that the accused—Kylie Stott, Dimitri D’Elio, and Danny Clarke—were facing serious charges, including murder and kidnapping, and questioned the rationale behind such intrusive welfare measures. “These people are on trial for murder, the most serious crime in the criminal calendar... it is unthinkable... that police would engage in such behaviour all dressed up in the name of welfare,” Croucher stated.

The Guardian

In his statement, Croucher acknowledged the intent behind the welfare checks but criticized their execution. He remarked, “If it is truly aimed at welfare, it is a complete and utter overreaction to completely different sets of circumstances.” The judge's comments were made public only after the conclusion of the trial, which resulted in varying convictions for the accused. D’Elio was found guilty of murder, kidnapping, and arson, while Stott was convicted of kidnapping and manslaughter, and Clarke was found guilty of kidnapping.

The Guardian

The criticisms from Justice Croucher reflect broader concerns regarding police practices in Victoria. Critics argue that the welfare check policy, while well-intentioned, fails to consider the individual circumstances of detainees and can lead to significant legal repercussions, including the potential for unfair trials. The implications of such practices raise questions about the balance between detainee welfare and the rights to a fair trial.

The Guardian

As the legal proceedings continue, with sentencing for D’Elio and Stott scheduled for February 2026, the ramifications of Justice Croucher's ruling may prompt a reevaluation of Victoria Police's welfare policies. The case highlights the need for a critical assessment of how welfare measures are implemented in custodial settings, particularly concerning the rights of individuals facing serious charges.

The Guardian