❓ Question regarding the policy on legal advisors privately consulting with clients in WA prisons, specifically addressing oversight and legal professional privilege. The answer cites the Prisons Act 1981 and local prison orders.
AnsweredQoN 2581Legislative Assembly
QuestionView source ↗
(1) What is the current policy applying to legal advisers receiving instructions in private from their clients held in Western Australian prisons?
(2) Are these conversations subject to oversight by, or within hearing of, custodial/prison officers?
(3) What instructions are given to custodial/prison officers to observe the requirements of legal professional privilege?
(2) Are these conversations subject to oversight by, or within hearing of, custodial/prison officers?
(3) What instructions are given to custodial/prison officers to observe the requirements of legal professional privilege?
AnswerView source ↗
Answered
18 May 2010
Responded by
Minister for Corrective Services
Response time
28 days
(1-2) Section 62(1) of the
Prisons Act 1981
(WA) states:
"A legal practitioner may for the purposes of pending court proceedings interview a prisoner who is his client at a reasonable hour, or as otherwise authorised by the superintendent, within the view but not the hearing of an officer".
(3) Each prison has a Local Order that covers "Official Visits" providing instruction to staff in regards to the management and local requirements for their staff to observe. These Local Orders ensure that all necessary prison resources are committed in ensuring attorney-client privileges.
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Prisons Act 1981
(WA) states:
"A legal practitioner may for the purposes of pending court proceedings interview a prisoner who is his client at a reasonable hour, or as otherwise authorised by the superintendent, within the view but not the hearing of an officer".
(3) Each prison has a Local Order that covers "Official Visits" providing instruction to staff in regards to the management and local requirements for their staff to observe. These Local Orders ensure that all necessary prison resources are committed in ensuring attorney-client privileges.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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