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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.
When people are imprisoned, they lose their freedom, but they do not lose all of their human rights. International human rights law makes this very clear.
Your security classification impacts which prison you are placed in and the level of security that is imposed on you.
There are lots of reasons why people may get lighter or heavier sentences than someone else who has committed the same crime.
Strip searching is a security practice purportedly used by prison authorities to prevent drugs and other contraband from entering prisons.
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.
Your security classification impacts which prison you are placed in and the level of security that is imposed on you.
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.
There are lots of reasons why people may get lighter or heavier sentences than someone else who has committed the same crime.
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Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.
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