MEDIA RELEASE
Law and Justice Foundation of NSW
TEL
02 9221 3900
Level 14, 130 Pitt Street
FAX
02 9221 6280
SYDNEY NSW 2000
DX
984 Sydney
TTY
02 9223 4229
GPO Box 4264
WEB
Sydney NSW 2001
EMAIL
lf@lawfoundation.net.au
AUSTRALIA
ABN
54 227 668 981
Taking justice into custody
Research into prisoners’ and ex-prisoners’ legal needs
21 July 2008: 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.
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.
“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,” says the Foundation’s Director
Geoff Mulherin.
The Foundation embarked on this 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.
“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. 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,” says Mr Mulherin.
“This severely affects their ability to put their prison experience behind them, and move on to
restoring their own and their families’ lives outside.”
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.
Media enquiries and/or a copy of the report: Grainne Murphy 02 8227 3203 or 0427 564 973
NEWS 
