Taking Justice Into Custody - New Report

The extent of civil and family law problems faced by prisoners and people leaving prison is a key finding of the latest research report from the Law and Justice Foundation of NSW.

The report called Taking justice into custody: the legal needs of prisoners interviewed prisoners, ex-prisoners, and a range of legal and non-legal service providers and organisations providing assistance to them.

The report helps to identify the different stages in the incarceration process when inmates are best able to address legal issues and prevent new ones becoming entrenched.

Foundation Director Geoff Mulherin says the majority of prisoners are released from prison within six months of sentencing, so assistance at the right time can be crucial in addressing current criminal law problems, and avoiding the escalation of civil and family law issues into longer-term ones.

The Foundation says it embarked on the research due to the higher than average levels of mental illness, cognitive impairment, poor education and reduced literacy levels within the prison population, making it amongst the most disadvantaged in the community.

Also, Foundation researchers had interviewed homeless people and people with mental illness for previous reports, and found many had experience of incarceration.

Mulherin says people enter the criminal justice system with disadvantages, which are then further compounded by the social isolation and exclusion of the prison experience itself. While criminal law issues are pressing when inmates are first incarcerated, civil and family law issues quickly emerge, particularly amongst a group which often relies on informal arrangements to look after its affairs.

He says this causes problems post-release, with some prisoners facing escalating debt through unresolved fines and court costs, as well as outstanding housing and other family issues.

The research identified opportunities for prisoners to access legal information, advice and assistance, while acknowledging that the very nature of the prison environment often compromises access to, and availability of, resources including contact with lawyers. This leads to a high level of dependency on others to complete certain tasks, which can result in delays and at times lost opportunities to address outstanding legal problems.

The report can be downloaded at www.lawfoundation.net.au