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Solitary confinement occurs when a prisoner is locked down in their cell for at least 22 hours a day with very limited or no association with other prisoners. While conditions of solitary confinement can vary, common features include:
If a prisoner is detained in solitary confinement, the conditions they face in custody are significantly more challenging compared to the general prison population. In some cases, this may be taken into account by a sentencing court and result in a shorter sentence being imposed.
Prisoners’ Legal Service in Queensland (PLS) has recently published the Solitary Confinement Sentencing Manual, which provides a practical guide for criminal lawyers in Queensland to help prepare and present evidence of solitary confinement as a mitigating factor in sentencing.
The manual aims to help Queensland lawyers identify when their client is being held in solitary confinement, obtain evidence of their solitary confinement and prepare material to assist in mitigating a sentence. More generally, it aims to raise awareness amongst criminal lawyers of the conditions that prisoners may face if kept in solitary confinement and the significant human rights concerns associated with this practice.
Solitary confinement occurs when a prisoner is locked down in their cell for at least 22 hours a day with very limited or no association with other prisoners. While conditions of solitary confinement can vary, common features include:
If a prisoner is detained in solitary confinement, the conditions they face in custody are significantly more challenging compared to the general prison population. In some cases, this may be taken into account by a sentencing court and result in a shorter sentence being imposed.
Prisoners’ Legal Service in Queensland (PLS) has recently published the Solitary Confinement Sentencing Manual, which provides a practical guide for criminal lawyers in Queensland to help prepare and present evidence of solitary confinement as a mitigating factor in sentencing.
The manual aims to help Queensland lawyers identify when their client is being held in solitary confinement, obtain evidence of their solitary confinement and prepare material to assist in mitigating a sentence. More generally, it aims to raise awareness amongst criminal lawyers of the conditions that prisoners may face if kept in solitary confinement and the significant human rights concerns associated with this practice.
If you would like to request a copy of the Solitary Confinement Sentencing Manual or other resources about solitary confinement, please contact PLS at:
Please note that the Solitary Confinement Sentencing Manual only applies to prisoners in Queensland.
This article provides legal information only and is not a substitute for legal advice. If you wish to take any action arising from matters raised in this publication, you should consult a lawyer immediately.
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The Ombudsman is an independent organisation that oversees complaints against government decisions and actions. Each state/territory has their own Ombudsman. The Ombudsman responds to a complaint by investigating from both sides what has happened and why.
Through these articles, we provide information on relevant areas of law. This first article provides basic information to make it easier for family and friends to support you. There are differences in the ways the systems operate depending on where you’re located (VIC, NSW, ACT or TAS), so we hope this is useful and relevant to where you are.
This is the second part of a two-part series on Freedom of Information (or Right to Information) laws. This part discusses ‘review processes’ – that is, what can be done if you are unhappy with the FOI decision, particularly if you were refused information and you think this was incorrect.
One of the most important aspects of self-advocacy in prison is to understand the rights of prisoners and the limitations of power of prison authorities.
New laws mean that immigration detention officers can now confiscate things like mobile phones, iPads and laptops, which were previously allowed in detention centres. If you’re facing time in immigration detention at the end of your sentence, this article gives some practical tips to prepare for the new rules before you go.
The criminal justice system deals with proof, not truth. The police and Crown present allegations; the defence rebuts them; the jury decides whether the Crown has met the required standard of proof. “Truth” and “innocence” are not part of the legal equation.
There are major differences between how offences in prisons are dealt with around Australia. These offences typically range from minor ones, such as keeping an untidy cell, to more serious ones and others that can become criminal charges.
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