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A man in Victoria was left “languishing” on remand in prison with active psychosis for two years before he received medication, a court has heard.
County Court of Victoria judge Sandra Davis found that the 23-year-old has been on remand in Victoria for 538 days, after offending that was done while he was experiencing psychosis in the context of longstanding schizophrenia.
The court found that he had not received adequate mental health treatment in prison, with mental health checks done through the trap-door of his cell.
It took nearly two years for the man to be provided anti-psychosis medication, which had a quick and positive effect in alleviating the symptoms.
“The fact that the change in anti-psychotic medication produced a rapid alleviation of your troublesome psychotic symptoms...is a stark indication of the failure over the previous two years to consider such options, and of the unnecessary additional burden you have borne on remand,” Justice Davis said.
The treatment of this man was “most disturbing” as it was “avoidable”, the court heard.
“Had your symptom been appropriately treated from the outset of your period in remand, much of your psychological discomfort would have been avoided, and you may have been held otherwise than in complete isolation,” Justice Davis said.
“You have been deprived of the benefit of the therapeutic engagement with therapists including psychologists and the ability to engage in programs essential to your rehabilitation.”
Long delays in receiving prescribed medications in prisons has regularly been raised by watchdogs around the country, and is commonly raised by people with lived experience of incarceration as a major issue.
A man did not receive his prescribed anti-seizure medication for six weeks after entering a Queensland prison, a Queensland Ombudsman report recently revealed.
The report on the Ombudsman’s inspection of Capricornia Correctional Centre, released in early August, raised concerns about “significant delays” in accessing medications prescribed before incarceration.
It included one example of a man who had been on the same anti-convulsant medication for two years in the community. After being detained and imprisoned, he did not receive the medication for six weeks after the prescription was reviewed by a prison prescriber.
This medication is used to prevent seizures. Ceasing the medication can lead to breakthrough seizures, severe physical injuries and potentially life-threatening issues.
More than half of the people surveyed at Capricornia as part of the report said they had experienced delays in receiving their prescribed medication, typically for PTSD, ADHD, depression or anxiety.
A man in Victoria was left “languishing” on remand in prison with active psychosis for two years before he received medication, a court has heard.
County Court of Victoria judge Sandra Davis found that the 23-year-old has been on remand in Victoria for 538 days, after offending that was done while he was experiencing psychosis in the context of longstanding schizophrenia.
The court found that he had not received adequate mental health treatment in prison, with mental health checks done through the trap-door of his cell.
It took nearly two years for the man to be provided anti-psychosis medication, which had a quick and positive effect in alleviating the symptoms.
“The fact that the change in anti-psychotic medication produced a rapid alleviation of your troublesome psychotic symptoms...is a stark indication of the failure over the previous two years to consider such options, and of the unnecessary additional burden you have borne on remand,” Justice Davis said.
The treatment of this man was “most disturbing” as it was “avoidable”, the court heard.
“Had your symptom been appropriately treated from the outset of your period in remand, much of your psychological discomfort would have been avoided, and you may have been held otherwise than in complete isolation,” Justice Davis said.
“You have been deprived of the benefit of the therapeutic engagement with therapists including psychologists and the ability to engage in programs essential to your rehabilitation.”
Long delays in receiving prescribed medications in prisons has regularly been raised by watchdogs around the country, and is commonly raised by people with lived experience of incarceration as a major issue.
A man did not receive his prescribed anti-seizure medication for six weeks after entering a Queensland prison, a Queensland Ombudsman report recently revealed.
The report on the Ombudsman’s inspection of Capricornia Correctional Centre, released in early August, raised concerns about “significant delays” in accessing medications prescribed before incarceration.
It included one example of a man who had been on the same anti-convulsant medication for two years in the community. After being detained and imprisoned, he did not receive the medication for six weeks after the prescription was reviewed by a prison prescriber.
This medication is used to prevent seizures. Ceasing the medication can lead to breakthrough seizures, severe physical injuries and potentially life-threatening issues.
More than half of the people surveyed at Capricornia as part of the report said they had experienced delays in receiving their prescribed medication, typically for PTSD, ADHD, depression or anxiety.
The report also revealed that if someone incarcerated at the prison attends a medical appointment or has to go to hospital, any prescriptions they are given must first be reviewed by the prison’s doctor before they can be dispensed.
The Ombudsman said it was “unnecessary” for another doctor to review prescriptions given in the community or at another medical centre.
“This has caused delays in providing medications prescribed at a hospital, despite them being listed on the approved medicines list available in custody and having been prescribed by an appropriate health professional,” the Queensland Ombudsman report said.
There is only one person capable of prescribing medications at Capricornia – the prison doctor, who attends the centre five days per week. The Ombudsman found this was “not adequate resourcing” in a prison that accommodates more than 1,000 prisoners.
“There are challenges to providing medical care to prisoners, particularly with limited staff available and potential delays posing a risk to the prisoner’s health if medication should not be ceased suddenly,” the report said.
“Prisoners have a right to high-quality and safe healthcare that is responsive to their needs and preferences and respects their individual values even when deprived of their liberty.”
Long delays in receiving prescribed medications in prisons have regularly been highlighted by watchdogs around the country. This issue is frequently raised by people with lived experience of incarceration as a major issue.
In early 2024, the Victorian Ombudsman detailed a number of cases, including a person who was forced to abruptly stop taking anti-depressants after being imprisoned.
The person suffered from anxiety and panic attacks, and was unable to sleep after experiencing an assault in the community. The report said that when he told a staff member at the prison about his need for the medication he was told, “well, see how you go".
Another case study in the report was of a person taken to intensive care in hospital from prison due to a respiratory illness. They were placed on antibiotics, but when they returned to prison they weren’t permitted to finish the course.
A number of other reports by prison inspection bodies around the country have also consistently raised the issue of people being unable to receive prescribed medications in prison, or facing lengthy delays.
The report also revealed that if someone incarcerated at the prison attends a medical appointment or has to go to hospital, any prescriptions they are given must first be reviewed by the prison’s doctor before they can be dispensed.
The Ombudsman said it was “unnecessary” for another doctor to review prescriptions given in the community or at another medical centre.
“This has caused delays in providing medications prescribed at a hospital, despite them being listed on the approved medicines list available in custody and having been prescribed by an appropriate health professional,” the Queensland Ombudsman report said.
There is only one person capable of prescribing medications at Capricornia – the prison doctor, who attends the centre five days per week. The Ombudsman found this was “not adequate resourcing” in a prison that accommodates more than 1,000 prisoners.
“There are challenges to providing medical care to prisoners, particularly with limited staff available and potential delays posing a risk to the prisoner’s health if medication should not be ceased suddenly,” the report said.
“Prisoners have a right to high-quality and safe healthcare that is responsive to their needs and preferences and respects their individual values even when deprived of their liberty.”
Long delays in receiving prescribed medications in prisons have regularly been highlighted by watchdogs around the country. This issue is frequently raised by people with lived experience of incarceration as a major issue.
In early 2024, the Victorian Ombudsman detailed a number of cases, including a person who was forced to abruptly stop taking anti-depressants after being imprisoned.
The person suffered from anxiety and panic attacks, and was unable to sleep after experiencing an assault in the community. The report said that when he told a staff member at the prison about his need for the medication he was told, “well, see how you go".
Another case study in the report was of a person taken to intensive care in hospital from prison due to a respiratory illness. They were placed on antibiotics, but when they returned to prison they weren’t permitted to finish the course.
A number of other reports by prison inspection bodies around the country have also consistently raised the issue of people being unable to receive prescribed medications in prison, or facing lengthy delays.
