Solitary Confinement as a Sentencing Factor

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.

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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.

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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.

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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.