Judge criticises ‘borderline unconstitutional’ prison isolation policy

Judge criticises 'borderline unconstitutional' prison isolation policy

A judge has criticised a policy of putting all new prisoners, including those on remand, in isolation for 14 days.

Seven prisoners were unable to appear at Cork District Court via video link yesterday because there are no video facilities in isolation, the Irish Examiner reports.

Prison officers told Judge Olann Kelleher that the reason so many prisoners were in isolation is because of the new policy from last Thursday whereby all new arrivals are placed in isolation.

Judge Kelleher said the policy “is bordering on unconstitutional” as remand prisoners “are entitled to be brought before the court within one week”.

He said a solution was required, but conceded that he “cannot overrule the prison governor”.

Fíona Ní Chinnéide, executive director of the Irish Penal Reform Trust (IPRT), has called for a reduction in the number of remand committals.

She said: “Remanding people to custody places further pressure on a system that is already under strain, with all new committals placed in quarantine for up to 14 days.

“The period after committal to prison is a time of heightened vulnerability, marked by feelings of hopelessness and higher incidences of self-harm. IPRT is concerned that this will be compounded due to reduced access to psychological supports in prisons as a result of COVID-19.

“Pre-trial detention should be used as an exceptional measure, with bail only denied in the most serious of cases.”

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