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.
Common Human Rights Issues in Prison
Common Human Rights Issues in Prison
Common Human Rights Issues in Prison
By Prisoners’ Legal Service (Queensland)
By Prisoners’ Legal Service (Queensland)
This article discusses some of the human rights that may be relevant in prison with reference to human rights protections under the Human Rights Act 2019 (QLD) in Queensland.
Legal Corner
ISSUE NO. 8
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6 MIN READ
Bail: Common Questions
Bail: Common Questions
Bail: Common Questions
By Meg Tait and About Time (with help from Uther Webster & Evans Solicitors and Daniel Vansetten)
By Meg Tait and About Time (with help from Uther Webster & Evans Solicitors and Daniel Vansetten)
Bail is a promise you can make that you will return to court. It means you can stay in the community (instead of jail) until your legal matters finish. If you are being held in custody and you haven’t been found guilty, you may be able to apply for bail.
Legal Corner
ISSUE NO. 3
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15 MIN READ
Self-Advocacy from Prison: Procedural Fairness
Self-Advocacy from Prison: Procedural Fairness
Self-Advocacy from Prison: Procedural Fairness
By Dan Vansetten
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 You Need to Know About OPCAT
What You Need to Know About OPCAT
What You Need to Know About OPCAT
By Andreea Lachsz
By Andreea Lachsz
When people are imprisoned, they lose their freedom, but they do not lose all of their human rights. International human rights law makes this very clear.
Legal Corner
ISSUE NO. 2
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9 MIN READ
Inspectors’ Report!
By About Time
Inspectors and ombudsmen regularly go to prisons and publish reports on what they find and what they think needs to be improved. They also complete reports on issues such as access to healthcare or the use of segregation.
Legal Corner
ISSUE NO. 23
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4 MIN READ
The Parole Patchwork: An Overview of Australia’s Parole Laws
By Human Rights Law Centre lawyer Monique Hurley, with assistance from Connor Shaw
In recent years, regressive reform of parole laws in many places has made it increasingly difficult for people in prison to access parole.
Legal Corner
ISSUE NO. 23
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4 MIN READ
Open Air in Prison: Your Rights Explained
By Human Rights Law Centre and Prisoners’ Legal Service
With people in prisons across the country being subjected to an “epidemic of prison lockdowns”, it is important to note that bare minimum safeguards exist in law, in most jurisdictions, that purport to guarantee at least some time ‘in the open air’ each day for people behind bars.
Legal Corner
ISSUE NO. 22
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5 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