R v Warwick (No.19) [2018] NSWSC 655

R v Warwick (No.19) [2018] NSWSC 655

The security risks outlined by Corrective Services NSW justify denial of legal practitioners’ access to mobile telephones during legal visits. The Court should not make an order or recommendation contrary to this security policy. As regards the legal clerk, it is more appropriate to recommend that the Governor seriously consider her attendance accompanied by a principal rather than make a binding order.

Jurisdiction
Australia
Judgment Date
09 May 2018
Procedural Posture
Criminal / Interlocutory Application Prior to Trial
Outcome
Orders made as specified; application otherwise dismissed.
Legal Topics
['custodial Conditions' 'legal Visits' 'security Policy in Correctional Centres' 'access of Legal Representatives']
['criminal Law' 'criminal Procedure'] ['custodial Conditions' 'legal Visits' 'security Policy in Correctional Centres' 'access of Legal Representatives']

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Procedural Posture

Criminal / Interlocutory Application Prior to Trial

Legal Issues

  1. 1 ['Whether the defence solicitor should be permitted to have a mobile phone with Wi-Fi access during legal visits with the accused.' 'Whether Charmaine Warwick, a legal clerk and daughter of the accused, should be permitted to attend legal visits in the company of the solicitor.']

Ratio Decidendi

The security risks outlined by Corrective Services NSW justify denial of legal practitioners’ access to mobile telephones during legal visits. The Court should not make an order or recommendation contrary to this security policy. As regards the legal clerk, it is more appropriate to recommend that the Governor seriously consider her attendance accompanied by a principal rather than make a binding order.

Court Disposition

Orders made as specified; application otherwise dismissed.

Orders

  • ['Decline to make Order 7 or any alternative recommendation relating to solicitor’s mobile phone use in legal visits.' 'Recommend to Governor of MRRC that he seriously consider permitting Ms Charmaine Warwick to attend legal visits in company of Mr Alan Conolly or Ms Elizabeth Ramsay (principals of A R Conolly &...