Prisoner

You are entitled to speak to a lawyer about your legal matters.

You can ask the Functional Manager or SAPO at your gaol to arrange to put your name on a waiting list to see a solicitor from Legal Aid NSW. If you do this a solicitor from Prisoners Legal Service at Legal Aid NSW will arrange to speak with you.

You can also call Legal Aid to get advice over the phone (#2 on the CADL). If you need advice about parole or prison issues, or if you have a general criminal law enquiry, you may be transferred to Prisoners Legal Service to discuss your issue. 

If you need assistance with a civil law or family law issue you will not be able to talk to someone over the phone, but Legal Aid will try and arrange for someone to book a conference with you. If you have a solicitor assigned to your criminal law matter, you need to add their phone number to your phone card to be able to call them – Legal Aid will not transfer your call.

If Legal Aid is representing you in a court matter and you have not been able to talk to your lawyer before the day of court, you may be able to speak to them on the telephone on the morning of court. It is very important that you attend all booked legal conferenced with your lawyer though, so that your case can be prepared before the day of court. 

If you want information about when or where your matter is listed in court, please look at the kiosk function on your tablet or call the Corrective Services help line (#1 on the CADL).

Prisoners Legal Service at Legal Aid NSW (PLS) provides advice, minor assistance and representation, on the types of matters listed below.  

We can represent you at:

•  hearings at the State Parole Authority
•  life sentence determinations
• segregation appeals
• visiting magistrate hearings

We can provide free advice and minor assistance in matters like:

• bail
• legal aid
• appeals
• parole
• classification and other prison issues

Our lawyers either visit or arrange video link or telephone conferences with prisoners in all NSW gaols.  

If you have a solicitor assigned to your criminal law matter, you need to add their phone number to your phone card to be able to call them, Legal Aid will not transfer your call.

If Legal Aid is representing you in a court matter and you have not been able to talk to your lawyer before the day of court, you may be able to speak to them on the telephone on the morning of court.  It is very important that you attend all booked legal conferences with your lawyer though, so that your case can be prepared before the day of court.   

If you want information about when or where your matter is listed in court, please look at the kiosk function on your tablet or call the Corrective Services help line (#1 on the CADL). 

You can also call Legal Aid if you need assistance with a civil law or family law issue. You will not be able to talk to someone over the phone, but Legal Aid will try and arrange for someone to book a conference with you.  

Prisoner Legal Service at Legal Aid NSW provides a free pre-booked advice service on the family law matters listed below. An advice session will last up to 15 minutes, but longer sessions can be booked if you don’t speak English and an interpreter is needed. There will be a waiting period before you are interviewed by a solicitor, and it will take place either by telephone or audio-visual link.

The type of family law matters we may be able to assist with are:

• Child Protection (when children are removed from their Mums and Dads by DCJ formerly known as Docs)
• Adoption
• Family law where Mums and Dads can’t agree between themselves on parenting matters or who the children will live with
• Mediations post-release
• Child Support payments
• Divorce
• Dividing the family home and property when a relationship ends

Legal Aid NSW’s family law team can also tell you whether legal aid will be available in any of the matters listed above if they are listed before the law Courts.

If your legal issue requires a duty or case work service an application for legal aid is required. You can apply for legal aid by completing an application at the gaol and sending it to Legal Aid NSW, or you can contact us and ask for a solicitor to assist you. If you are unsure if you need to make an application for legal aid you can call us and ask. 

Your family and friends can arrange to visit you by booking in a visit with the correctional centre. These visits may be in person or could be over Skype.  All visits must be approved before they can happen. There are restrictions on what visitors are allowed to bring to a visit. Your visitors should check with the correctional centre before bringing any items into a gaol.

You can also be visited by lawyers, the official visitor, consular officials and cultural or religious persons. These visitors will all know how to arrange their visits with you. 

Some people may be restricted from visiting you because of their own conduct, their age, the offence you are accused of committing, or because there are court orders in place that prevent contact. If your visitor is restricted from seeing you, you can talk to Prisoners Legal Service about this, but your visitor may also need some independent legal advice, depending on the reason for the restriction. 

You have a right to refuse most visits.

Prisoners receive a security classification as soon as they enter custody. A security classification will affect the way you experience life in prison as it impacts the gaol you can be held in, the people you can associate with, and the programmes you can access. It will also determine how restrictive your physical environment is. 

This classification is reviewed at least once every 12 months. When a classification review is held, unless there are exceptional circumstances, you should be present at the review. You can't be legally represented at the review. 

You may be able to request a review without waiting for the 12-month review if you have information that was not available at the time of the last review. A review may also be held if it can be shown that you were denied procedural fairness in the previous review. 

In general, you can't choose which gaol you are held in. Your gaol placement will be determined by a combination of factors, such as classification, status as a remand or sentenced inmate, health or mental health needs, case plans and program needs. Proximity to family is something that should also be considered, particularly for Aboriginal inmates, but it is not uncommon for people to be held in prison a long way from their home and family. 

Gaol placement will be reviewed once every 12 months. However, you can request a review at any time by submitting an inmate request at the gaol. 

Legal Aid NSW may be able to assist in advocating for a change in placement in limited circumstances, but we can't force Corrective Services NSW to transfer anyone. We can't attend the gaol and argue your case, but we may be able to write to Corrective Services NSW about your placement concerns if you are unable to advocate for yourself.

The Governor of a correctional centre can charge you if they believe you have committed a prison offence.  If the charges are serious, they will hold an inquiry. 

Inquiries are informal and there are no rules of evidence. You may present evidence and can cross-examine any witnesses that are called in the inquiry. Other than in very limited circumstances, you can’t be represented. There is also no general right of appeal against a decision made following an inquiry, but the penalties imposed by a Governor are far less severe than those that can be imposed by a Visiting Magistrate or by the Local Court. 

While internal charges for prison offences are not considered criminal offences, they can still have an impact on classification progression and whether you are released to parole. Therefore, behaviour in custody should be taken seriously and so should internal charges. 

An initial segregation order is made for 14 days. You can't have this order reviewed. However, if Corrective Services NSW decides to extend the segregation order you are entitled to ask for that order to be reviewed. 

Reviews of Segregation Orders are considered by the Serious Offenders Review Council (SORC). You should be given papers to seek a review when a segregation order is extended. You need to fill out the review application and hand it in at the gaol. This form will then be forwarded to SORC. 

It is recommended that you get legal advice before you return the review hearing application so that you know what you should put in the application. SORC will not accept these forms directly from Legal Aid NSW. They must be submitted within the prison system. 

If you would like legal representation at a segregation review hearing, you need to advise SORC of this and contact a lawyer. The SORC will not arrange representation for you. 

Representation is available from Legal Aid NSW through Prisoners Legal Service (PLS), but PLS will only appear if you satisfy a means and merit test. If you require assistance from PLS you should call Legal Aid NSW (#2 on the CADL) and ask for PLS. PLS will approach SORC and obtain a copy of your file to conduct a merit assessment.

If you have a complaint about a Legal Aid lawyer, or a private lawyer representing you on behalf of legal aid, please call Legal Aid NSW (#11 on the CADL).

If you want to change your lawyer, you need to speak to the Grants Division who will record the details of the request and work with you to achieve an outcome. A transfer is not always possible, you will need to provide good reasons for why your matter should be transferred.

If you have a complaint about how you are being treated by Corrections or Youth Justice, you can call the NSW Ombudsman (#8 on the CADL).

If you have a complaint about an urgent medical issue, contact the Corrective  Service Support Line (#1 of the CADL).

The State Parole Authority (SPA) is an independent statutory authority that concerns itself with the administration of sentences in NSW.  It sits in the Sydney West Trial Courts at Parramatta, Tuesday to Friday most weeks of the year and conducts public hearings in relation to Parole and Intensive Correction Orders. 

SPA considers applications for parole for all offenders [SM1] [SR2] who are serving a sentence of more than 3 years. Offenders sentenced to a term of imprisonment for 3 years or less are subject to statutory parole and do not require SPA to grant parole for them to be released from prison. 

SPA also considers breach reports from Community Corrections when it is alleged that an offender is not complying with the conditions of a parole order, intensive correction order or reintegration home detention order.   

For more information on this issue see our publication ‘Have you breached your Parole or ICO’.

SPA initially considers all matters in a private meeting.  This means that you and your legal representative can’t attend.  If the matter needs to go into a public hearing list SPA will send you a copy of the papers and a notice which asks if you would like to attend the hearing. If you would like to make submissions at that hearing and if you would the like to be legally represented at that hearing.  There is no requirement to have a lawyer at a SPA hearing. You are entitled to represent yourself if you choose to. 

If you indicate on the notice that you would like to be legally represented and tick the box for Prisoners Legal Service (PLS), SPA will send a copy of the papers to PLS roughly 7 days before the hearing date.  PLS then arranges to have a conference with you and appears for you at the hearing. 

If you nominate a private lawyer, SPA will contact them and confirm if they are instructed to appear in the matter before they send the papers to them.  A private lawyer can’t be allocated a grant of Legal Aid to appear at SPA, so if  you engage a private lawyer, you are responsible for making your own financial arrangements. 

SPA generally sits as a panel of five members chaired by a retired Judge or Magistrate. You will appear via audio visual link and your Community Corrections Officer is normally connected to the hearing by telephone. 

During a review hearing before SPA, evidence can be called and submissions made.  There are no rules of evidence in the jurisdiction, and it is common for the members to ask you questions directly, even if you are legally represented. 

The primary consideration of the SPA is community safety - is it in the interest of community safety for an offender to be released and can any risk to community safety be mitigated by imposing conditions on the offenders order?

If the SPA refuses an application for parole or confirms the revocation of a parole order, it is required to reconsider the matter in 12 months, (if there is 12 months or more left on the sentence).

There are limited circumstances in which a further consideration for parole can be made under the Manifest Injustice Provisions – you should seek advice from Prisoners Legal Service if you would like to know more about this.  

There is no time frame for reconsideration of a decision not to reinstate an ICO. You must serve at least one month in full time imprisonment before you can apply for reinstatement, but if SPA refuse to reinstate your ICO you can technically apply again at any time. Prisoners Legal Service can provide you with advice about when it may be an appropriate time to apply again.   

There is no automatic right of appeal against a decision of SPA. You can't seek a merit review, the only avenue available is Judicial Review in the Supreme Court. 

It is recommended that you seek advice before making an application for Judicial Review. The prospects of success of these applications are quite limited. 

Legal Aid is available for Judicial Review but the applications are subject to means, merit and an available funds tests. The applications are time consuming and the Supreme Court can't make a parole order. The most positive outcome available is that the matter would be sent back to the SPA for it to be re-determined according to law. There may also be costs implications where an application for Judicial Review is not successful.