Prisoners and Their Access to the Internet in the Pursuit of Education

See Corrections Victoria, ‘Property and Clothing’ <http://www.corrections.vic.gov.au/home/prison/going+to+prison/property+and+clothing/>; Corrections Management (Email, Internet and Legal Education and Resource Network [LEARN] for Prisoners) Policy 2010 (No 2) (ACT); Queensland Corrective Services, ‘Procedure – Computers – Offender Access to In-Cell Computers’ (3 March 2009) <http://www.correctiveservices.qld.gov.au/Resources/Procedures/Offender_Management/documents/ofmproprisaccescptr.shtml>.

See Queensland Corrective Services, Custodial Operations Standard Operating Procedures – Prisoner Restrictions –Publications, Films, Electronic Game Consoles/Computer Games and CDs 25 November 2011, reviewed Jan 2013; Corrections Victoria, ‘Property and Clothing’; Corrective Services NSW, ‘Section 5.4 Offender Access to Computers’ Operations Procedures Manual, 6 <http://correctiveservices.nsw.gov.au/__data/assets/pdf_fle/0004/293980/Sec-5.4-Offender-Access-to-Computers-v2.pdf>.

Standard Guidelines for Corrections in Australia (Revised 2012) [2.55].

As was the case for a Lithuanian prisoner the subject of a pending European Court of Human Rights case, see Jankovskis v Lithuania (ECHR, Application No 21575/08, lodged 7 January 2008, decision pending).

For more information, ‘About the HRCE Project’ <http://www.law.monash.edu/castancentre/research/hrce.html>.

Hughes Emma , Education in Prison: Studying through Distance Learning (Ashgate, 2012), 133 citing prisoners interviewed for her project.

AA v R [2010] NSWSC 703.

Corrections Victoria, Review of Education and Training Provision in Victorian Prisons –The Way Forward (2003) 51 <http://www.corrections.vic.gov.au/utility/publications+manuals+and+statistics/review+of+education+and+training+provision+in+victorian+prisons+-+the+way+forward>.

See, eg, Agnew v Prisoners Review Board [No 2] [2012] WASC 175 at [26] where a prisoner reported that, despite his interest in continuing his studies, lack of internet access meant he was unable to finish assignments.

Hughes , above n 6. Hughes notes that committing to education can itself be a source of self-confidence and sense of achievement. Note Hughes' claim that overcoming obstacles can be rewarding for distance learners, although it is unclear whether she would advocate denying them better services for this reason alone.

International Covenant on Economic, Social and Cultural Rights (‘ICESCR’), opened for signature 16 December 1966, 993 UNTS 3 (entered into force 3 January 1976), art 13(1), Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess, 183rd plen mtg, UN Doc A/810 (10 December 1948), art 26(1).

Munoz Vernor , Report of the Special Rapporteur on the Right to Education, The Right to Education of Persons in Detention, HRC 11th sess, Agenda Item 3, UN Doc. A/HRC/11/8 (2 April 2009); Basic Principles for the Treatment of Prisoners, GA Res 45/111, UN GAOR, 68th plen mtg, UN Doc A/RES/45/111 (14 December 1990), art 6; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, GA Res 43/173, UN GAOR, 76thplen mtg, UN Doc A/RES/43/173 (9 December 1988), art 28.

See, eg, Human Rights Committee, General Comment No. 21, 44th sess, UN Doc A/47/40(SUPP), [3] and [5].

ICESCR, above n 11.

Committee on Economic, Social and Cultural Rights, General Comment No 13 – The Right to Education (Article 13 of the Covenant), 21st sess, UN Doc. E/C.121999/10 (8 December 1999) [6].

Prison Education, ESC Res 20, ESCOR, 1st sess, 13th plen mtg, UN Doc. E/1990/20 (24 May 1990), (h) Wherever possible, prisoners should be allowed to participate in education outside the prison.

Ibid art 3(j).

Munoz , above n 12 [95] [emphasis added].

International Covenant on Civil and Political Rights, opened for signature 19 December 1966, 999 UNTS 1057 (entered into force 23 March 1976), art 13.

Jankovskis v Lithuania (ECHR, Application No. 21575/08, lodged 7 January 2008 (decision pending).

See, eg, Davis Lois M , ‘Evaluating the Effectiveness of Correctional Education’ (RAND Corporation, 2013).

Ibid.

R v Richard Lipton [2012] NSWDC 201 per Finnane J. This case involved a remand prisoner's attempt to complete a Masters degree while in prison being thwarted by lack of internet access. Note that there was only cursory mention of this in obiter; it was not determinative in the decision on sentencing of the accused.

Donaghey Kathleen , ‘Prison Inmate Aubrey Walsh Posts Selfie Taken on Mobile Phone Smuggled Into Jail’ The Sunday Mail (QLD), 23 February 2014

As proposed by Justice Action–see Computers in Cells: Maintaining Communities Ties and Reducing Recidivism (Justice Action Draft Paper, August 2012) 11.

Ibid.

Becker Anthony , ‘Corrective Services NSW Inmate Computer Network’ (Paper presented at the ACEA 10th Biennial International Conference, Surfers Paradise, 6–8 November 2011).

As proposed by Justice Action, see above n 25, 11.

Ibid.

Ibid.

ABC Radio National, ‘Prisons and Information: Flowing in, Flowing Out’ The Law Report, 22 February 2011 ( Collins Brett Action Justice ).

Corrections Management Policy (ACT), above n 1.

ABC News Online, ‘Prison Internet Access to be Tightened’ (14 January 2010) <http://www.abc.net.au/news/2010-01-14/prison-internet-access-to-be-tightened/1208838>.

See Corrections Management Act 2007 (ACT) s 158 which defines email and the internet as a privilege; see further Corrections Management Policy (ACT), above n 1.

Murphy Angela , ‘Digital Innovations in Prison Education: A Review of Current Initiatives'’ (Paper presented at the 9th Symposium of Postgraduate and Early Career Research, Toowoomba, 27 April 2012).

See generally Koudstaal Dirk , ‘Creating Cooperatively with all Stakeholders an Advanced and Highly Secure Interactive ICT Learning Network for all Inmates within Existing Cultural Prison Practices'’ (Paper presented at ACEA Reintegration Puzzle conference, Perth, 30 August-2 September 2009).

Becker , above n 27, 10.