Prisoners - Legal Information Access Centre - NSW Government

2. The Systemic Environment. A range of factors
to do with the overall environment can ‘disrupt
or impede the ability of inmates to address their
legal needs’. These include: insufficient Legal Aid
and PLS lawyers to meet the demands for services,
especially in rural areas; custodial staff shortages; the
frequency of lockdowns; reallocation of DCS staff;
a shortage of welfare officers; no internet access (for
security reasons); insufficient access to telephones;
lack of access to courses (which may affect eligibility
for parole); constant transfers of prisoners to other
institutions; and the stress associated with transit
to and from court (although this is being partly
addressed by expanded audio visual links (AVL) (see
Report: Chapter 7).
3. Pathways and Intermediaries. ‘In the absence of an
ability to act directly, inmates rely to a high degree
on other people either to act on their behalf or to be
a relay point in the process of preventing, identifying
or addressing a legal problem.’ The intermediaries
include custodial officers, welfare officers, library/
education staff, inmate peers, and friends and
family. Difficulties arise in identifying appropriate
intermediaries and pathways to legal assistance;
the fact that assistance was seen as a discretionary
matter; delays; the development of a relationship of
dependence; and variable quality in the information,
advice and assistance provided by intermediaries (see
Report: Chapter 8).
4. Prison Culture can affect prisoners’ capacity and
willingness to access justice. For example where an
‘Us versus Them’ inmate code, sometimes referred
to as ‘green’ (inmates’ uniform) v ‘blue’ (officers’
uniform) is in force, reporting to prison authorities
matters such as assault or sexual assault can be
hazardous and lead to being stigmatised as a ‘dog’ or
informer. This can cast suspicion over any approach
to prison officers for assistance including with legal
issues. Another aspect of culture is the acceptance of
violence as integral to prison life and as a solution
to conflict. The normalisation of violence leads
to significant under reporting, trivialisation and
‘rationalises a lack of resort to formal processes of
legal redress’. Forms of inmate subjectivity, notions
of being seen as ‘undeserving’, ‘criminal’ or ‘guilty’
can operate to ‘validate prejudicial treatment’ and
‘de-motivate the inmate to act on future legal
issues’. Finally the formal culture of the prison
encourages compliance and passivity in inmates
which undermines the persistence, independence
and skills required to face up to and resolve legal
issues.
prisOners And THe mediA
Media treatment of prisons tends to fluctuate between
sensationalist exploitation of public fears and fascination
with notorious prisoners and their crimes, reformist
critiques of prison conditions, and largely ignoring
image unavailable
Razor wire fence at Fremantle prison, WA.
Roel Loopers.
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