Introduction
This chapter sets out the legislative framework applicable to, the human rights and limited remedies available to, and some key legal issues experienced by, people in prison. The chapter is not an exhaustive exploration of these issues and are supplemented by Fitzroy Legal Service’s Prison Law Handbook - https://prisonlawhandbook.fls.org.au/.
The Prison Law Handbook is a free online legal resource by Fitzroy Legal Service for prisoners and people supporting them. This website is whitelisted by Corrections Victoria and available for access by people currently in Victorian prisons.
In practice, the patchwork of laws, policies and procedures canvassed in this chapter, which aim to protect the rights of people in prison, are insufficient and often fail to do so. This is most acutely experienced by the disproportionate number of Aboriginal and Torres Strait Islander people who are over-imprisoned due to racist laws and policies.
This is compounded by the limited legal services available to people in prison. In Victoria, there is currently no dedicated, standalone free legal service available to people in prisons, with only Victoria Legal Aid’s phone line and the Victorian Aboriginal Legal Service providing free legal advice to people regarding their rights in prison.
Introduction
Chapter: 3.8: Imprisonment and the rights of people in prison
Contributor: Amity Mara, Manager – Policy, Advocacy and Projects Fitzroy Legal Service and Monique Hurley, Associate Legal Director, Human Rights Law Centre
Current as of: 1 September 2024
Law Handbook Page: 195
Next Section: Legislative and regulatory framework
