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Are you in a prison and need legal help?

 

Ask the Prison Legal Advice Service
If you’re in a correctional centre and need legal advice, Legal Aid Queensland’s prison legal advice lawyers can help you over the phone, via videoconference or by meeting with you at the prison. This factsheet offers information on our prison service, and what we can help you with.

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Are you in a prison and need legal help? Ask the Prison Legal Advice Service (281Kb)

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What is the Prison Legal Advice Service?

We offer free legal help to prisoners in Queensland’s correctional centres. Our prison legal advice lawyers provide legal information and advice either face-to-face, via videoconference or over the phone.

How do I get legal help if I am in a correctional centre?

If you’re in a correctional centre and need legal help, you should try and talk to one of our prison legal advice lawyers.

You will need to make an appointment by putting your name down on the Legal Aid prison legal advice list at your correctional centre.

You can put yourself on the prison legal advice list by:

  • calling the free Legal Aid Queensland phone line from your correctional centre. Ask at your centre for more details.
  • speaking to the correctional officer in your unit
  • getting a friend or family member to call Legal Aid Queensland on 1300 65 11 88 and booking you in (local call costs apply)
  • personally calling Legal Aid Queensland and making a booking (local call costs apply)
  • speaking to the correctional centre counsellor (if you need special help and you think the counsellor should call on your behalf).

Can you help me lodge an appeal against my conviction or sentence?

Yes. We can help you prepare and lodge a Notice of Appeal against your conviction or sentence. You can also apply for legal aid for a lawyer to help argue your appeal in court. When we assess applications, we look at a person’s financial situation (what they earn and own) and whether their case has merit — eg whether it is more likely to succeed than fail in court.

Strict time limits apply when you are trying to appeal a conviction or sentence. You only have one calendar month from when you were convicted or sentenced to lodge your appeal. This is why it is important to see the prison legal advice lawyer as soon as possible.

How can the legal advice service help me?

The prison legal advice service can provide free legal information and advice.

If you have on-going legal matters and you’re not already represented, you may be asked to fill out an application for legal aid when you first speak to the Prison Legal Advice Service.

If your application is approved a solicitor will be appointed to represent you in court.

It is important you apply for legal aid so you have a lawyer to represent you when you go to court. You don’t want to keep going to court and have your matter adjourned again and again.

Can you help if I’ve been refused bail?

If bail has been refused by a magistrate, you may be able to apply to the Supreme Court for bail.

You should contact your own personal solicitor or get legal advice from the prison legal advice lawyer. The prison legal advice lawyer will be able to explain how the process works and what you need to do next.

Can you help me lodge an appeal against my conviction or sentence?

Yes. We can help you prepare and lodge a Notice of Appeal against your conviction or sentence. You can also apply for legal aid for a lawyer to help argue your appeal in court. When we assess applications, we look at a person’s financial situation (what they earn and own) and whether their case has merit — eg whether it is more likely to succeed than fail in court.

Strict time limits apply when you are trying to appeal a conviction or sentence. You only have one calendar month from when you were convicted or sentenced to lodge your appeal. This is why it is important to see the prison legal advice lawyer as soon as possible.

Can you help with other legal problems not related to the reason I am in prison?

Yes. If you have a civil or family law problem we can still provide legal information and advice. For example, we can offer legal help so you can try and:

  • arrange to see your children
  • resolve your debt problems
  • apply for criminal injuries compensation.

What if I’ve been remanded in a correctional centre?

You should get legal advice as soon as you can and immediately ask to be placed on the prison legal advice list.

Can you help with parole or other issues at the correctional centre?

If you have problems with parole, classification or other administrative matters within your correctional centre, the Prisoners’ Legal Service (a separate organisation from Legal Aid) may be able to help you.

Ask about the free Prisoners’ Legal Service phone line available from your correctional centre. Friends or family can call the service on your behalf on (07) 3846 3384 or 1800 813 940 (free call outside the Brisbane area).

How do I get legal help if I am in a watch-house?

If you have been charged with a criminal offence and will soon appear in court, you should try and get legal advice immediately.

You should ask to see the Legal Aid duty lawyer before you go into court. The duty lawyer usually comes to the watch-house each morning.

The duty lawyer can:

  • provide free legal advice
  • look at what the police have charged you with and explain the charges
  • let you know if your charges can be dealt with by the magistrates court
  • speak for you in court if you do not want to represent yourself
  • ask for an adjournment
  • apply for bail
  • help you with pleas of guilty for most offences where you are not at risk of getting a prison sentence
  • help you with pleas of not guilty by entering your plea and setting a date for a hearing.

The duty lawyer can’t:

  • represent you on minor traffic offences or drink/drug driving charges unless there is a risk of you going to jail
  • represent you at a committal hearing or trial.

Is your help confidential?

Yes. Our services are confidential and we are committed to protecting your privacy. We will not provide your personal information or details about your legal problem to anyone, unless we are legally required to.

What if English is my second language?

If you would like this factsheet explained in your language, you can contact us through the translating and Interpreting Service (TIS) on 13 1450. TIS will organise an interpreter in your language and will connect you to Legal Aid Queensland. This is a confidential and free service.

 

Last updated 16 September 2009
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  • "If your application for legal aid is approved, a solicitor will be appointed to represent you in court."