PLEADings

Current and archived copies of PLEA’s monthly newsletter.

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PLEAdings September 2016
ADMIN New Volunteer Portal
To help ease access for our phenomenal presenters we are proud to launch our new online volunteer portal. The microsite brings together rosters, contact details, key presentation files and reporting systems into one easily accessible location. All volunteers can access the Portal through the Current Members tab on the PLEA homepage using the password ‘indictable’. Please remember that this information is sensitive to PLEA and not be shared.The new microsite is a work in progress and we would warmly welcome your feedback on how we may make it more useful.

UPDATE Welcome our new volunteers
After a gruelling recruitment round, with 70+ applicants and over 40 interviews, we are very excited to welcome our 25 new presenters! After initial training this Saturday these new volunteers will be starting across all sections over the following months. Please help us welcome them to the program.

CONTENT ARC List
We have had quite a number of queries in Court Readiness presentations lately regarding ARC. We may incorporate this content into the slides of our presentation in due course, but in the meantime it’s important that everyone has a basic understanding of what it is so that we can best answer questions.

ARC stands for Assessment and Referral Court, and is specifically for people with a mental or intellectual disability. The idea is that it is a more supportive court environment, and is modelled on the the Koori Court in terms of being a discussion around an oval table. A person does not need to plead guilty to participate in the program (similar to CISP), but they do need to plead guilty in order to be sentenced by the court.

For further detail please see the basic information below. If you have any existing knowledge or experience with ARC, we’d love to hear from you, please contact Grace.

UPDATE Opening of Karreenga
The new Karreenga centre at Marngoneet opens this week. The centre will house medium security male prisoners in shared cottage style accommodation. It is understood that with the opening of Ravenhall in 2017, the prison will then be reprofiled to hold minimum security prisoners. As with many Victorian prisons there is a focus on industry and developing self reliance as pathways to rehabilitation. This includes a bakery and self catering cottages which have received mixed reactions in media coverage. Stay tuned for further information on how PLEA will work within this new centre.

Volunteer Expectations
Reminder that if you have not already done so in the past six months, all volunteers are required to read and accept the Volunteer Expectations here.

Media
With ongoing interest in activities in prisons across Victoria, presenters are reminder of our policy of not publicly talking about our work, this includes comments, even ‘off the record’, to media. If you are contacted please get in touch with your Section Leader.

Prison Legal Education & Assistance Project
a project of the Monash-Oakleigh Legal Service
www.pleaproject.org.au
admin@pleaproject.org.au

 

PLEAdings July 2016
UPDATE Spring Recruitment Now Open
In line with our ever expanding programs we are now recruiting for presenters across nearly all of our sections. We find referrals to be an excellent source for finding new, talented presenters. If you know of anyone that you think might be a great fit with PLEA, please encourage them to apply now via our website and let us know so we can keep an eye out for them.We would also really appreciate it if you can share our advertisements on Facebook with groups you think might be interested and even put up a post of your own explaining your experiences with PLEA and encourage others to consider volunteering. This is a large round of recruitment for us and, as you know, the quality of our presenters is vital to our work, so your assistance in helping us source a wide talent pool is hugely appreciated.

ADMIN Volunteer responsibilities
We periodically ask all volunteers to review our volunteer expectation statement. This helps ensure you’re up to date with the safety requirements of the prisons we present in, what to expect from your supervising senior presenter and an understanding of what we are seeking from our volunteers.If you haven’t spoken with Steph about reviewing the statement in the past six months, we ask that you read over and complete the expectations form here.

EVENT Youth Justice Forum
We want to thank you everyone who attended our Youth Justice Forum earlier this month and extend a huge congratulations to all who worked to make the event happen. With over 180 attendees and a killer panel we think the night was an excellent debut for PLEA’s public series.Our next event is already in the works for September 2016 with a focus on hearing from young people and understanding their experiences. As Dan mentioned in his message last week if you are interested in assisting with the organisation please contact Sam Whitney at admin@pleaproject.org.au

UPDATE Expansion into Barwon
PLEA has plans to expand into the maximum security men’s prison Barwon this September. With the success of our fortnightly program in Marngoneet, just down the road from Barwon, we have begun talks to have the same team travelling to the area weekly to present. This is well-timed with the addition of another prison to the suburb, Karreenga, which will be operational soon.The Marngoneet/Barwon team carpool out on Mondays and are treated to lunch by prisoner-led kitchens in the centres. If you have a particular interest in this team, or know someone who might like to join PLEA for weekly Monday sessions, please let us know.

Events team
If you’re interested in being involved in the organisation of PLEA events we’d love to hear from you.
Prison Legal Education & Assistance Project
a project of the Monash-Oakleigh Legal Service
www.pleaproject.org.au
admin@pleaproject.org.au

PLEAdings June 2016
EVENT Youth Justice Forum
We’re excited to announce the panel of the 2016 PLEA Youth Justice ForumThe event will be held from 6pm on the 29 June at the Monash Law Chambers. We need all volunteers to support the event by attending and spreading the message to their friends and networks. Any volunteers interested in assisting with the organisation please contact Sam Whitney at admin@pleaproject.org.au

CONTENT Future of baseline sentencing
Following the ruling in Walters in 2014, the Baseline sentences are inoperable, the Sentencing Advisory Council was asked to review and propose an alternate sentencing scheme. The Government has since announced a new Standard Sentencing consideration to replace baseline sentences.Under the proposed scheme, a ‘standard sentence’ will be created to represent the mid-point of seriousness for specific offences and be calculated at 40 per cent of the maximum penalty. For example, the maximum sentence for the sexual penetration of a child under 12 is 25 years imprisonment, making the standard sentence for that offence 10 years imprisonment.Courts will be required to consider standard sentencing, as determined by the Parliament alongside other relevant factors in arriving at the appropriate sentence in a given case. Courts will also be asked to provide reasons for departures from standard sentence lengths.PLEA notes this scheme will likely provide Courts with flexibility not afforded under the Baseline sentencing scheme. We will provide further updates when legislation has passed through Parliament. You can read the full Sentencing Advisory Council report here.

Calendar
PLEA maintains a calendar with details of sessions, executive meetings and public events. Volunteers can access the PLEA Calendar here using password ‘pleacalendar’ Note that there may be lags in updating the calendar and that the Roster continues to take precedence.

Recruiting
If you know of someone that you think would be the perfect fit for PLEA, encourage them to apply online then contact a committee member.

Prison Legal Education & Assistance Project
a project of the Monash-Oakleigh Legal Service
www.pleaproject.org.au
admin@pleaproject.org.au

 

PLEAdings May 2016
EVENT Youth Justice Forum
PLEA will be hosting its first ever external event at the end of June. We’re utilising our unique position by hosting a forum to explore the experience of youth offenders through the justice system from pre-offending diversion programs, the experience within a justice centre through to post-release services. The event will provide the audience with insight into the work currently being undertaken, equip them with information they can translate into their own work in the field and have the understanding to advocate for change across the system.The event will be held from 6pm on the 29 June at the Monash Law Chambers. We need all volunteers to support the event by attending and spreading the message to their friends and networks. Any volunteers interested in assisting with the organisation please contact Sam Whitney at admin@pleaproject.org.au

UPDATE Metropolitan Remand Centre
We are excited to report that PLEA has recently resumed programs at the Metropolitan Remand Centre (MRC). We have resumed our Court and Legal Processes presentation and are looking to begin Family Law presentations in the coming weeks. PLEA had been presenting at MRC since the organisation’s inception until prison riots in mid-2015 put our presentations there on hold.In sadder news, Sam Cooper has had to step down as Section Leader due to work commitments. Sam has been with PLEA since 2014 and should be credited with overseeing the reintroduction of our programs into MRC after a particularly tumultuous time. We are very excited to welcome Rachel Cashmore who has been appointed the new MRC Section Leader, Sam will remain on as a Senior Presenter with the team.

CONTENT Expanded use of telecourt
Recent legislative changes are anticipated to greatly increase the use of telecourt/video conferencing. Changes to the Evidence (Miscellaneous Provisions) Act create the presumption that procedural hearings (e.g. not committal or summary hearings) in Magistrates Court will be heard via video link rather than transporting the prisoner to court unless it is in the interests of justice not to do so. The interest of justice includes when adequate video facilities are not available and if a lawyer has not been able to take instructions from their client. Corrections and courts are also trialling an expanded program of lawyer-prisoner video conferencing to ensure prisoners are able to properly conference prior to the hearing (noting that, especially in VLA matters, instructions are often taken on the day for procedural hearings).PLEA will monitor the implementation of these reforms and may update court readiness content accordingly.

CONTEXT State Budget
The Victorian Government has made a range of announcements that are anticipated to impact on demands and operation of the corrections system. Promisingly for PLEA this has included a significant investment into the Metropolitan Remand Centre including for repair works that will return the centre to more normal operations. Other changes to prison flow and structure may have impacts on the delivery of programs, we will provide further information as we receive it.There has also been a half billion dollar investment in additional police resources including over 400 new police officers. Previous rapid increases in policing numbers, such as that seen in 2011 have correlated with increases in incarceration rates and similar trends may be seen through this policy. Positive investments including expanding the successful Drug Court model to the Melbourne Magistrates’ Court and a range of funding for Family Violence early intervention programs that will hopefully seen positive increases in diversionary sentencing.

Calendar
PLEA maintains a calendar with details of sessions, executive meetings and public events. Volunteers can access the PLEA Calendar here using password ‘pleacalendar’Note that there may be lags in updating the calendar and that the Roster continues to take precedence.

Recruiting
If you know of someone that you think would be the perfect fit for PLEA, encourage them to apply online then contact a committee member.

Prison Legal Education & Assistance Project
a project of the Monash-Oakleigh Legal Service
www.pleaproject.org.au
admin@pleaproject.org.au

 

 

PLEAdings

March 2016

CONTENT New Offences
There are series of amendments currently before Parliament that are likely to impact persons in prison or custody. Proposed changes to the Crimes Act extends to corrections officers special provisions initially designed to protect emergency responders. If enacted, assaults against prison officers may attract a minimum non parole period and behaviour such as hindering or delaying an officer would be an offence.

The State Opposition has introduced amendments to the Corrections Act that would prevent the Adult Parole Board from granting parole to an offender convicted of murder unless satisfied they had cooperated with authorities in locating the remains of their victim. While non-Government Bills generally do not progress, there is currently intense focus on parole and it will be interesting to see if further reforms are forthcoming.

An interesting perspective on the ‘no body, no parole’ proposal from the lawyer for Lindsay Chamberlain can be found on the ABC website.

UPDATE Metropolitan Remand Centre
As the Metropolitan Remand Centre continues to recover from the June 2015 riots, PLEA is working with Corrections staff to reintroduce programs. Centre inductions have recommenced and are a positive step towards restarting PLEA’s successful Court Readiness program.

In anticipation we are continuing to build the dedicated MRC presenter team. If you know of anyone that may be interested in volunteering with PLEA please encourage them to apply and make sure to let your Section Leader know so we can look out for their application.

For more information don’t hesitate to get in touch with Sam mrc@pleaproject.org.au

CONTENT Demand on Corrections
The recent release of the Productivity Commission’s annual Report on Government Services has revealed a substantial increase in problems across the Victorian criminal justice space. The number of released prisoners who return to prison under sentence within two years is now at an all time high of above 44%. The number of individuals in prison and imprisonment rates have peaked both in Victoria and nationally.

Assault rates in Victorian prisons are higher than the national average and Victoria has the second lowest completion rate of CCOs of all Australian states – averaging just 65% over the last ten years. To learn more about the trends and problems facing the Corrections system, click here to view a short Executive Summary summarising the last ten years of data completed on behalf of the Federation of Community Legal Centres.

Training Day
PLEAs next training day will be held on the 17th of March and will include catch up sessions for presenters that have previously missed training due to exceptional circumstances. Invitations and details were sent out earlier this month but please contact your Section Leader if you have any questions.

Law books wanted
PLEA is continuing to work to improve the resources in their legal libraries within prisons. If you have books to donate, a contact with relevant materials, or you would like to help with the collection, please contact Morgan.

Recruiting
If you know of someone that you think would be the perfect fit for PLEA, encourage them to apply online then contact a committee member.

Prison Legal Education & Assistance Project
a project of the Monash-Oakleigh Legal Service
www.pleaproject.org.au
admin@pleaproject.org.au

 

PLEAdings

January 2016

SPOTLIGHT Melbourne Assessment Prison
As part of PLEA’s large 2015 program expansion, we commenced presentations at the Melbourne Assessment Prison late last year. 

Due to the high turnover of remandees (and the excellent quality of our presentations) the program has experienced strong interest from inmates. With most attendees at the beginning of their cases, we are presenting an adapted version of the Court Readiness package presented at MRC and DPFC.

Along with this engagement we are also noting high levels of energy and sometimes anxiety/agitation from attendees. Conversations have been challenging  across a range of topics including access to Aboriginal legal services and converting sentences across jurisdictions

As with other remand centres, attendee demographics vary greatly and inmates are instructed to attend the presentation following their initial induction into MAP. This means we are working with some on their first day in a prison ever.

The section is lead by Grace Kütsch. Grace has been working with Morgan Koegel to establish a legal library, donations can be left with any member of the executive committee (see side bar item).

For more information don’t hesitate to get in touch with Grace map@pleaproject.org.au

CONTENT Changes to the Bail Act
Amendments to the Bail Act are currently before the Victorian Parliament. The Act is intended to align the bail system with other special provisions for children throughout the criminal justice system.

The amendments create specific factors for the court to consider when making a bail decisions for a child; exempts children from certain breach of bail offences and creates a presumption in favour of commencing proceedings with a summons rather than arrest. 

The bill can be viewed here and we will update when/if this legislation has received ascent.
– Compiled with the assistance of Youthlaw

CONTENT Civil Law presentation
As part of our work to expand the number and variety of presentations on offer to inmates, the PLEA Executive have been busy working on a Civil Law presentation that covers everything from interacting with Centrelink to handling infringements and debt.

This presentation is designed to be widely relevant, not only to inmates with ongoing issues with debt, but to those who will be receiving Centrelink payments when they are released. To start getting your head around the type of content that this session will cover, make sure you check out this pamphlet produced by Legal Aid.

New year, new newsletter
To keep our volunteers in the loop with all that is going on at PLEA (and there is a lot), we’ve revamped our newsletter to send you regular updates across all programs.

Training notes
Summary notes from the August and December training sessions, including in-depth discussion of criminal procedure, sentencing and family are now available. Access the package here: August December

Law books wanted
PLEA is working with several prisons to improve the resources in their legal libraries. If you have books to donate, a contact with relevant materials, or you would like to help with the collection, please contact Morgan.

New Presenters
After a grueling round of recruitment we are very excited to welcome nine new presenters to PLEA. Our new starters have been undergoing training over the summer break and look for them to be commencing across all sections from February.

As always, if you know of someone that you think would be the perfect fit for PLEA, encourage them to apply online then contact a committee member.

Prison Legal Education & Assistance Project
a project of the Monash-Oakleigh Legal Service
www.pleaproject.org.au
admin@pleaproject.org.au

 

CONTENT: ARC List

We have had quite a number of queries in Court Readiness presentations lately regarding ARC. We may incorporate this content into the slides of our presentation in due course, but in the meantime it’s important that everyone has a basic understanding of what it is so that we can best answer questions.

ARC stands for Assessment and Referral Court, and is specifically for people with a mental or intellectual disability. The idea is that it is a more supportive court environment, and is modelled on the the Koori Court in terms of being a discussion around an oval table. A person does not need to plead guilty to participate in the program (similar to CISP), but they do need to plead guilty in order to be sentenced by the court.

Below is some basic information for you to have a read through. If you have any existing knowledge or experience with ARC I would love to hear it also!

Thanks!

What is it? 

The List is located at Melbourne Magistrates’ Court and works collaboratively with the Court Integrated Services Program (CISP), which provides case management to participants.  Case management may include psychological assessment, referral to welfare, health, mental health, disability, housing services and/or drug and alcohol treatment.

Eligibility Criteria 

  • The accused person is charged with a criminal offence listed at Melbourne Magistrates Court
  • The accused person has not been charged with an excluded criminal offence that involves serious violence or serious sexual assault
  • The accused person has (or is likely to have) a mental illness, intellectual disability, acquired brain injury, autism spectrum disorder and/or a neurological impairment, including dementia
  • The disorder/s cause/s a substantially reduced capacity in at least one of the areas of self-care, self-management, social interaction or communication
  • The accused person would derive benefit from receiving co-ordinated services in accordance with an individual support plan. These may include psychological assessment; welfare, health, mental health, and/or disability services; drug and alcohol treatment; or housing and support services; and/or would benefit from participation in a problem solving court process
  • The accused person consents to participate in the List, including attending court regularly and meeting with ARC staff.

The ARC List Magistrates, informed by the information and recommendations of the ARC List Team, make all decisions about acceptance to, and participation in, the ARC List.

Referrals 

Referrals will be accepted from the accused, significant others, community service organisations, magistrates, police, prosecutors, legal representatives and other court based support services.

Process

Once a referral is made, the List process will involve:

  • The CISP staff will conduct an initial assessment.  The CISP staff will also commence addressing support needs at this stage
  • Liaison will occur with the List staff to determine the next available court date
  • A List clinical advisor will undertake a comprehensive clinical assessment
  • At the next available List sitting, the List magistrate will decide whether to accept the participant in the List
  • If the referral is accepted, the List clinical advisor will develop a draft individual support plan (ISP) in collaboration with the participant and the CISP staff for approval of the Magistrate
  • The participant appears before the List Magistrate on a regular basis to discuss her/his progress
  • If the participant pleads guilty at the end of their participation, they will be sentenced within the List
  • If the participant pleads not guilty at the end of their participation the case will be returned to ‘mainstream’ court for a contested hearing
  • Participants will be involved with the List for between three and twelve months, with most being discharged from the List within six months
  • If the referral is not accepted, the accused person’s charges will be referred back to the mainstream court lists.  Where appropriate, the CISP will continue to provide necessary support to the accused or, where connected with services, referred back to those relevant treatment and support services.

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