Standard Non-Parole Period Review Team

[Standard Non-Parole Period Review Team]

Did you receive a prison sentence for a "standard non-parole period offence"committed after January 2003? (See Table below for offences)

If you did, it might be possible to apply to the courts for your sentence to be reduced as a result of the High Court's decision in October 2011 in Muldrock's case. (See Box below)

Who are we?

We are the Standard Non-Parole Period Review Team, a new specialist service of Legal Aid NSW set up in co-operation with the Aboriginal Legal Service to help respond to Muldrock's case.

Our Team includes a solicitor from the Aboriginal Legal Service and barristers from the Public Defender's Office.

Our service is free and confidential.

What are we doing?

We are reviewing cases of prisoners who are serving sentences for a standard non-parole period offence committed since after 1 FebruaryJanuary 2003. Our review will identify cases which may, due to Muldrock's case, now be able to be appealed or some other action taken to seek a reduction of the sentence.

You do not need to contact us to ask us to review your case. We will identify your case, whether or not you have previously applied for legal aid or representation by the Aboriginal Legal Service.

We will contact you (either directly or through the solicitor who acted for you) if we find there are good grounds for applying to a court for your sentence to be reduced.

When we contact you we will invite you to apply for legal aid. If you are eligible for legal aid, you will receive a grant of aid for a lawyer to represent you in court.

Our review includes the cases of prisoners serving a sentence for a standard non-parole period offence:

• Who had an appeal against their sentence heard by the Court of Criminal Appeal prior to 31 December 2011 (regardless of outcome)

• Whose sentence was subject to a Crown appeal prior to 31 December 2011 (regardless of outcome)

• Who have not appealed against their sentence to the Court of Criminal Appeal

We are reviewing cases in order of priority.

The cases of prisoners who will be eligible for release within the next two years and juvenile offenders will be reviewed first. The cases of prisoners who will be eligible for release after 2015 will be reviewed later.

Current Notices of Intention to Appeal and Aappeals yet to be heard by the Court of Criminal Appeal

If you are serving a sentence for a standard non-parole period offence and you are currently applying for legal aid for an appeal, have a grant of aid or are being privately represented for an appeal against conviction and/or sentence, the solicitor handling your case will identify whether further arguments relating to Muldrock's case can be made.

Haven't appealed, haven't applied for legal aid before for an appeal

If you are serving a sentence for a standard non-parole period offence and have not previously taken any action to appeal applied for legal aid for an appeal against your sentence to the Court of Criminal Appeal, you may now be eligible and we will consider an application from you.

You may send the application to:

Standard Non-Parole Period Review Team

Legal Aid NSW

PO Box K847

Haymarket 1238

[se1]

More information

If you would like further information about our service you may contact us on the Common Auto Dial List as a free call – just press 11# (Legal Aid Head Office) and ask for the Standard Non-Parole Review Team or directly on phone: (????) 02 9219 5948 or 02 92195853.

or

If you require the services of an interpreter we can arrange this for you. by writing to us at the above address or via email: ??????.

Alternatively, you may write to us at the above address or ask the visiting Prisoners Legal Service solicitor or Aboriginal Legal Service staff to pass on your inquiry to us and we will respond directly to you. :

Standard Non-Parole Period Review Team

Legal Aid NSW

PO Box K847

Haymarket 1238

You may also ask the visiting Prisoners Legal Service solicitor or Aboriginal Legal Service staff to pass on your inquiry to us and we will respond directly to you.

We will contact you if after reviewing your case we think you can apply to the court for a reduction of your sentence. However, if you would like us to inform you about our review of your case, even if we find there aren't good grounds for seeking a reduction of sentence, you can ask us to do this. [se2]

Please note that if you are not serving a sentence for a standard non-parole period offence, we will not be able to look at your matter.

The Prisoners Legal Service of Legal Aid (ph: 02 8688 3888) however may provide you with advice about your options.

If after looking at the table below you are still not sure whether you are serving a sentence for a standard non-parole period offence you may contact us to check whether your case is included in our review.

Table of Standard non-parole period offences

1. Note all are offences under NSW State law. 2. For Table including standard non-parole period and maximum penalty refer to Division 1A, Part 4 Crimes (Sentencing Procedure) Act 1999

[se1]We could pull out this section if it is too confusing; if it's sending a mixed message about what to do. Instead we could wait until inmate calls to suggest a broader appeal.

[se2]I think we can probably get by without this. When inmate calls we can explain we can put them on register of those who want to know review outcome regardless of result.