Explainer of Prison Offence Laws
Ethan Cassidy
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Legal Corner
There are major differences between how offences in prisons are dealt with around Australia. These offences typically range from minor ones, such as keeping an untidy cell, to more serious ones and others that can become criminal charges.
For non-criminal prison offences, the rules for how these are investigated and dealt with are outlined in the various state and territory corrections acts.
These state what type of actions are considered prison offences, who is responsible for investigating whether one has been committed, what burden of proof that it happened must be reached, what punishments can be imposed and whether it is possible to review one of these decisions.
There are major differences between how offences in prisons are dealt with around Australia. These offences typically range from minor ones, such as keeping an untidy cell, to more serious ones and others that can become criminal charges.
For non-criminal prison offences, the rules for how these are investigated and dealt with are outlined in the various state and territory corrections acts.
These state what type of actions are considered prison offences, who is responsible for investigating whether one has been committed, what burden of proof that it happened must be reached, what punishments can be imposed and whether it is possible to review one of these decisions.
Solitary Confinement as a Sentencing Factor
Solitary Confinement as a Sentencing Factor
Solitary Confinement as a Sentencing Factor
By Prisoners Legal Service
By Prisoners Legal Service
If a prisoner is detained in solitary confinement, the conditions they face in custody are significantly more challenging compared to the general prison population. In some cases, this may be taken into account by a sentencing court and result in a shorter sentence being imposed.
Legal Corner
ISSUE NO. 13
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2 MIN READ
Silence May Be Golden, but Is It a ‘Right’?
Silence May Be Golden, but Is It a ‘Right’?
Silence May Be Golden, but Is It a ‘Right’?
By Daniel Vansetten
By Daniel Vansetten
In law, silence is considered a fundamental right that provides fairness in criminal proceedings.
Legal Corner
ISSUE NO. 9
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5 MIN READ
Video Court: What to Know
Video Court: What to Know
Video Court: What to Know
By About Time
By About Time
This guide doesn’t assume fair treatment, but it hopes to offer some tools to help you navigate online court while in prison.
Legal Corner
ISSUE NO. 13
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4 MIN READ
Understanding Australia’s Legal System: How Legislation and Common Law Work Together
Understanding Australia’s Legal System: How Legislation and Common Law Work Together
Understanding Australia’s Legal System: How Legislation and Common Law Work Together
By Daniel Vansetten
By Daniel Vansetten
Australia has two sources of law: legislation and common law. Legislation is made by parliaments and is available in documents called acts. Common law is made by judges in court decisions and covers areas that have not been legislated.
Legal Corner
ISSUE NO. 11
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4 MIN READ
Law and Healthcare: Why Can’t I Get My Usual Prescriptions From Prison?
By Prisoners' Legal Service Queensland
There is a lot of talk about human rights in prison – with things like ‘the Mandela Rules’, ‘the principle of equivalence’, and access to health care without discrimination.
Legal Corner
ISSUE NO. 21
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2 MIN READ
Self-Advocacy from Prison: Procedural Fairness
By Dan Vansetten
Procedural fairness, often called “natural justice”, is a collection of rights, established under common law in Australia around the 1980s.
Legal Corner
ISSUE NO. 21
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2 MIN READ
What Happens to Your Debts While You’re Inside?
By Prisoner Legal Service Queensland
Generally, debts can be put into two categories. First, there are private debts (e.g. from a bank, a landlord, a car dealer, or ‘Afterpay’). Second, there are debts owed to the State (e.g. unpaid fines).
Legal Corner
ISSUE NO. 20
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2 MIN READ
Confusing Decision Made About You? Maybe FOI Can Help
By Dan Vansetten
The concern for those who are subjected to government decisions is that they often do not get to see the integrity of the information which was considered by the decision-maker and don’t get to check if it’s correct.
Legal Corner