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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.
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.
Parole is a process that gives some people the ability to get out of prison and serve the last part of their sentence in the community, under the supervision of Community Corrections (which used to be known as Probation and Parole).
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.
All people behind bars should be treated with dignity.
This is the second part of a two-part series on Freedom of Information (or Right to Information) laws. This part discusses ‘review processes’ – that is, what can be done if you are unhappy with the FOI decision, particularly if you were refused information and you think this was incorrect.
The criminal justice system deals with proof, not truth. The police and Crown present allegations; the defence rebuts them; the jury decides whether the Crown has met the required standard of proof. “Truth” and “innocence” are not part of the legal equation.
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.
Your security classification impacts which prison you are placed in and the level of security that is imposed on you.
Wrongdoing thrives in the darkness. Too often, it is only because of brave people who speak out that the public learns what is happening in the shadows.
Help keep the momentum going. All donations will be vital in providing an essential resource for people in prison and their loved ones.
All donations of $2 or more are tax deductible. If you would like to pay directly into our bank account to avoid the processing fee, please contact donate@abouttime.org.au. ABN 67 667 331 106.
Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.
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