Australia's National
Prison Newspaper

Australia's National
Prison Newspaper

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About Time is the national newspaper for Australian prisons and detention facilities

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ISSUE NO. 13

August 2025

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Legal Corner

Solitary Confinement as a Sentencing Factor

New sentencing manual for lawyers in Queensland released

By

Prisoners Legal Service

Willy Pleasance

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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:

  • The cell is located in a separate part of the prison;
  • The cell has no windows, or windows may be small or partially covered, resulting in no or very limited natural light;
  • Lack of fresh air due to the cell conditions and lack of ability to leave the cell;
  • Lower standard facilities, including ‘small and barren’ exercise yards, unpowered cells or cells with plumbing restrictions (e.g. where the water can be turned off);
  • No, or very limited, contact with other prisoners;
  • Limited contact with other people, including family, health staff and lawyers;
  • Limited access to programs, including work and education;
  • Reduced privileges including visits, phone calls and television; and
  • Limited or special furniture, bedding and amenities.

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:

  • The cell is located in a separate part of the prison;
  • The cell has no windows, or windows may be small or partially covered, resulting in no or very limited natural light;
  • Lack of fresh air due to the cell conditions and lack of ability to leave the cell;
  • Lower standard facilities, including ‘small and barren’ exercise yards, unpowered cells or cells with plumbing restrictions (e.g. where the water can be turned off);
  • No, or very limited, contact with other prisoners;
  • Limited contact with other people, including family, health staff and lawyers;
  • Limited access to programs, including work and education;
  • Reduced privileges including visits, phone calls and television; and
  • Limited or special furniture, bedding and amenities.

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:

GPO Box 257
Brisbane, QLD, 4001

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.

Legal Q&A – No Body, No Parole

Legal Q&A – No Body, No Parole

Legal Q&A – No Body, No Parole

By About Time
By About Time

I wonder if you could explain the new "No Body No Parole" law in New South Wales, where now people charged with murder or manslaughter need letters from the head of police?

Legal Corner

ISSUE NO. 8

3 MIN READ

Legal Corner

ISSUE NO. 12

2 MIN READ

Legal Q&A – Varying Intervention Orders

Legal Q&A – Varying Intervention Orders

Legal Q&A – Varying Intervention Orders

Question from Dylan, Port Phillip Prison
Question from Dylan, Port Phillip Prison

I was reading a section of ‘Australia’s National Prison Newspaper’ where it gave some information about bail but I couldn’t find any information about people trying to vary intervention orders (I.V.O).

Legal Corner

ISSUE NO. 10

4 MIN READ

Freedom of Information (Part Two): Review Options

Freedom of Information (Part Two): Review Options

Freedom of Information (Part Two): Review Options

By Daniel Vansetten
By Daniel Vansetten

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.

Legal Corner

ISSUE NO. 5

10 MIN READ

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FAQs: Security Classifications in Queensland

By Prisoners’ Legal Service

Your security classification impacts which prison you are placed in and the level of security that is imposed on you.

Legal Corner

ISSUE NO. 16

2 MIN READ

Whistleblowing Laws: Protecting Those Who Speak Out

By Human Rights Law Centre lawyers Madeleine Howle and Kieran Pender

Wrongdoing thrives in the darkness. Too often, it is only because of brave people who speak out that the public learns what is happening in the shadows.

Legal Corner

ISSUE NO. 16

3 MIN READ

Legal Q&A

Question from someone imprisoned in VIC

There are lots of reasons why people may get lighter or heavier sentences than someone else who has committed the same crime.

Legal Corner

ISSUE NO. 15

2 MIN READ

What to Do: Mandatory Visa Cancellation Letters

By RACS (Refugee Advice and Casework Service)

You got this letter to say that your visa has been cancelled due to your offending. This means you no longer hold a visa.

Legal Corner

ISSUE NO. 15

4 MIN READ

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