ISSUE NO. 21
April 2026
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Letters

Even More Unjust Justice

By
Adrian

Adrian writes from a prison in NSW.

Willy Pleasance

Prison is supposed to be about a punishment for a crime that was committed. It is foreseen that there is no reasonable way that the perpetrator could effectively be reformed in the community. The perpetrator, allegedly, poses an extreme risk to the community, that should they not be removed from society the likelihood of another crime, or the danger to the public, outweighs the risk of them staying in the community.

How is it then that we have inmates who are serving 6–9 months or more without a brief of evidence or, in some cases, a charge certificate which in effect means the DPP (and not the courts) are sentencing a person to prison?

An unnecessary amount of time elapses causing undue stress not only on the offender but also the system.

This, I believe, is a total violation of the Westminster System of Jurisprudence, the entire justice system of Australia and is bordering close to making a mockery of the Australian Constitution.

The problem is no one is willing to challenge this, and we have become a system society which is completely complacent about our rights and a belief that the government is always acting in the best interest of the overall general public.

The introduction of prohibition orders and post-sentence supervision orders feels like a mandated form of control to overly monitor a person for a previously committed offence and continue to send them back to prison – forcing them into a continual cycle. This also feels against human rights, which states once a person has served their complete prison sentence they are then considered a free citizen again.

We have a system of punitive justice in NSW – the fact that there is a great percentage of returning inmates for breaches of these orders and very little in any type of rehabilitation.

Yes, it does take an exorbitant amount to keep a person in prison. Yes, dangerous criminals should be punished for breaking the law – but should it be so hard to get on with their lives after prison?

Our system is flawed and needs a deep review. We have one psychologist per 168 inmates, many with mental illness that are patched up and sent back to the community only to return in and out because nothing is being addressed.

Prison is supposed to be about a punishment for a crime that was committed. It is foreseen that there is no reasonable way that the perpetrator could effectively be reformed in the community. The perpetrator, allegedly, poses an extreme risk to the community, that should they not be removed from society the likelihood of another crime, or the danger to the public, outweighs the risk of them staying in the community.

How is it then that we have inmates who are serving 6–9 months or more without a brief of evidence or, in some cases, a charge certificate which in effect means the DPP (and not the courts) are sentencing a person to prison?

An unnecessary amount of time elapses causing undue stress not only on the offender but also the system.

This, I believe, is a total violation of the Westminster System of Jurisprudence, the entire justice system of Australia and is bordering close to making a mockery of the Australian Constitution.

The problem is no one is willing to challenge this, and we have become a system society which is completely complacent about our rights and a belief that the government is always acting in the best interest of the overall general public.

The introduction of prohibition orders and post-sentence supervision orders feels like a mandated form of control to overly monitor a person for a previously committed offence and continue to send them back to prison – forcing them into a continual cycle. This also feels against human rights, which states once a person has served their complete prison sentence they are then considered a free citizen again.

We have a system of punitive justice in NSW – the fact that there is a great percentage of returning inmates for breaches of these orders and very little in any type of rehabilitation.

Yes, it does take an exorbitant amount to keep a person in prison. Yes, dangerous criminals should be punished for breaking the law – but should it be so hard to get on with their lives after prison?

Our system is flawed and needs a deep review. We have one psychologist per 168 inmates, many with mental illness that are patched up and sent back to the community only to return in and out because nothing is being addressed.

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I’ve spent most of my adult life behind bars, and I’m not proud to say it. It’s been such a bloody waste.

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Anyone who has spent a significant amount of time in prison can relate to the concept of prison rituals and routines.

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