Leave

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Prisoners are able to apply for leaves from prison for a number of reasons.  All leaves are called ‘Custodial Community Permits’, but there are two types of leaves.  The first are called ‘Corrections Administration Permits’, and the second type are ‘Rehabilitation and Transitional Permits’.


Corrections Administration Permits


These leaves are for:

  1. If you have a legal matter and the Court, Commission, Board or Tribunal does not have the power to issue a gaol order for you to attend, then you may be able to get a leave for this reason. For example the Federal and High Court cannot issue a gaol order, so if you wanted to attend if you were representing yourself, then you would need to arrange a gaol order yourself (*see note)
  2. If you are going in to police protection or to assist the police. You do not need to do any of the paperwork for this type of leave as the prison and the police will do it.
  3. If you have a co-accused in your case and you need to talk with them about your defence, then leaves can be granted to take you to another prison for a case conference between prisoners who are co-accused. But, these leaves are rare so you will need to provide very good reasons why, in writing, by the lawyers for both prisoners. There may be an issue for the lawyers in terms of creating a conflict of interest (*see note).
  4. If you are involved in some type of Restorative Justice activity which is not ordered by the court, but which is run under a Department of Justice program that aims to repair the harm caused by your offences. Note - this program has been in the planning stages for over 10 years.
  5. If you need to attend Community Corrections for some reason you may be granted leave, but it is more likely they will come to you. Unless there are special circumstances, for example you need to be guided through the CCS and reporting for parole, you may not be able to get this type of leave (*see note)

* Please note: You would need to do the work in putting the application together. You will need to fill out the application form and the Review and Assessment (R & A) form and provide as much information to support your application as you can put together. If you need help putting the application together then ask a prisoner you trust or your caseworker. Make sure you fill the application out right to give you the best chance.


Rehabilitation and transitional permits

A ‘rehabilitation and transitional permit’ leave aims to help prepare prisoners for release.  They are used for:

To obtain this kind of leave you need to show that there is a clearly identified rehabilitative purpose for the leave.  There has to be a ‘need’ and the goal of the leave if to address that need.  For example if a prisoner has been in for a number of years and they no longer have a drivers’ licence and so will be using public transport when they are released, it may be a number of years since they have used public transport.  They will need to become familiar with how the system works – this could be addressed by one or two leaves.


Special Category / Major Offenders

If you are a special category or a major offender prisoner then any leave will be a much more difficult process. Getting leave is like everything else in prison, you will only get out what you put in.  So do the work and you will give yourself the best chance.

Refer to fact sheet 'Classification – Special Category and Major Offenders' for more information on this security rating.

 

 


Further information

This fact sheet contains general information only and is not a substitute for obtaining legal advice. If you would like advice regarding a specific problem please contact one of the legal services listed in contacts or contact the Law Institute of Victoria's Legal Referral Service on 9607 9311.