Brisbane jail ‘loophole’ allows prisoners to ‘pseudo legal firm’ for other inmates
A “loophole” is allowing inmates in a Brisbane jail to profit from a “pseudo legal firm”.
QLD News
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Prisoners have set up a “pseudo legal firm” inside a Brisbane jail and are researching for other inmates for money in a loophole of the rules, officers have claimed.
The Sunday Mail has been told a group of up to eight prisoners have been using the legal resource centre at Wolston jail at Wacol for a number of months.
Prisoners are allowed to access the centre for their own legal cases or for the purposes of general research.
However officers have realised the prisoners are using the centre on other inmates’ behalf, then charging them for their service, either by getting money put into their trust account or paying them in another form in jail.
“They are effectively running a law firm,” an officer told The Sunday Mail.
“Under the custodial operations practice directive for legal access, they can apply for legal access documents if representing themselves or if they need it for research.
“They are saying to other crims ‘I will do research, put money in my account’ and are charging them for the privilege of the work.
“It’s obviously enough money that the prisoners are keen to keep doing it.”
Queensland Corrective Services’ custodial operations practice directives state that prisoners should be provided access to the legal centre to enable research of cases and relevant legislation and to review materials to “be informed when representing themselves or instructing their legal practitioners in regard to a legal proceeding”.
Prisoners must seek approval by completing a form to access the centre.
“A prisoner does not need to have a current legal proceeding to seek approval and may apply for access for legal research purposes,” the directive says.
Prison officials must determine the level of access to the legal resource centre taking into account the prisoner’s access to justice and human rights, including the right to have adequate time and facilities to prepare their defence and to communicate with their lawyer or advisor.
It’s understood the prisoners involved have been accessing the centre separately.
Queensland Corrective Services was asked if prisoners doing research for others was allowed inside jails; if it supported prisoners helping others for their legal cases; and if QCS was aware payments were being made and if it was allowable under policy.
“Prisoners are prohibited from soliciting payment from other prisoners for any reason including providing assistance to research legal matters, with consequences for anyone found complicit,” a spokeswoman said.
“As a human right, prisoners are entitled to apply for access to legal resource centres under the Corrective Services Act 2006 with levels of access determined by a Superintendent.
“If a prisoner does not have adequate literacy or numeracy capacity, they may seek help from another to understand legal requirements however we encourage them to access Legal Aid Queensland or the Prisoner Legal Service for this guidance.”