Legal Q&A
“If prisoners break the law in prison, does it get taken to the police and the courts?”
Ethan Cassidy
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Legal Corner
Answer by Volunteer Barristers for About Time
Yes. If it is alleged that you have committed an offence in custody, you may be charged by police and the matter could go through the courts like any other offence.
If you are accused of committing an offence while you are in prison, it may be dealt with through an internal disciplinary process in the prison or it may go through the courts like an alleged offence in the community would.
This will likely depend on the seriousness of the alleged offence.
If this happens, it is important for you to get legal advice.
If you are charged with breaking a rule in prison, this can result in disciplinary action, in addition to potential criminal charges.
You have the right to a fair disciplinary hearing. In this hearing, a hearing officer will tell you about the procedure in the hearing, read the charge out to you and give you an opportunity to plead guilty or not guilty.
How the rest of the hearing will play out depends on whether you plead guilty or not guilty.
If you plead guilty, you will then be able to make a plea about what penalty you should receive, something that is called “submissions”. In submissions, you can talk about why the offence happened, what was happening to you at the time it happened and whether it’s the first time you have been in trouble for something like this.
If you plead not guilty, the hearing officer will likely then hear from witnesses, look at relevant information and listen to arguments on both sides. They will then make a decision about whether the prison offence occurred or not.
If you attend this hearing, you will have a chance to respond and present your own evidence.
Answer by Volunteer Barristers for About Time
Yes. If it is alleged that you have committed an offence in custody, you may be charged by police and the matter could go through the courts like any other offence.
If you are accused of committing an offence while you are in prison, it may be dealt with through an internal disciplinary process in the prison or it may go through the courts like an alleged offence in the community would.
This will likely depend on the seriousness of the alleged offence.
If this happens, it is important for you to get legal advice.
If you are charged with breaking a rule in prison, this can result in disciplinary action, in addition to potential criminal charges.
You have the right to a fair disciplinary hearing. In this hearing, a hearing officer will tell you about the procedure in the hearing, read the charge out to you and give you an opportunity to plead guilty or not guilty.
How the rest of the hearing will play out depends on whether you plead guilty or not guilty.
If you plead guilty, you will then be able to make a plea about what penalty you should receive, something that is called “submissions”. In submissions, you can talk about why the offence happened, what was happening to you at the time it happened and whether it’s the first time you have been in trouble for something like this.
If you plead not guilty, the hearing officer will likely then hear from witnesses, look at relevant information and listen to arguments on both sides. They will then make a decision about whether the prison offence occurred or not.
If you attend this hearing, you will have a chance to respond and present your own evidence.
Legal Q&A
Legal Q&A
Legal Q&A
By Brian
By Brian
My name is Brian. A lot of guys here are talking about new legislation coming in the near future, but I haven’t found it anywhere. It is called “Daniel’s Law”. I was wondering if you could explain it and when it will take effect and who it will apply to?
Legal Corner
ISSUE NO. 11
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3 MIN READ
What Happens to Your Debts While You’re Inside?
What Happens to Your Debts While You’re Inside?
What Happens to Your Debts While You’re Inside?
By Prisoner Legal Service Queensland
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
What to Do: Mandatory Visa Cancellation Letters
What to Do: Mandatory Visa Cancellation Letters
What to Do: Mandatory Visa Cancellation Letters
By RACS (Refugee Advice and Casework Service)
By RACS (Refugee Advice and Casework Service)
You got this letter to say that your visa has been cancelled due to your offending. This means you no longer hold a visa.
Legal Corner
ISSUE NO. 15
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4 MIN READ
Travel While on Parole
Travel While on Parole
Travel While on Parole
By Prisoners' Legal Service (PLS)
By Prisoners' Legal Service (PLS)
A parole order will include general and specific conditions. These include getting approval from the relevant authority for any travel interstate, or overseas.
Legal Corner
ISSUE NO. 7
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3 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