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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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