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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.
My name is Brian. A lot of guys here are talking about new legislation coming in the near future, but I haven’t found it anywhere. It is called “Daniel’s Law”. I was wondering if you could explain it and when it will take effect and who it will apply to?
This guide doesn’t assume fair treatment, but it hopes to offer some tools to help you navigate online court while in prison.
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.
All people behind bars should be treated with dignity.
In law, silence is considered a fundamental right that provides fairness in criminal proceedings.
This article discusses some of the human rights that may be relevant in prison with reference to human rights protections under the Human Rights Act 2019 (QLD) in Queensland.
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?
The federal election is coming up. It happens about every three years. It’s for electing the government for the whole country – the federal government.
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