QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
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|SECRETARY OF STATE FOR JUSTICE
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Miss S Fatima (instructed by The Treasury Solicitor) for the Defendant
Hearing dates: 6 May 2011
Crown Copyright ©
Mr Justice Ouseley :
Legislative and guidance framework
"(1) Where it appears desirable, for the maintenance of good order or discipline or in his own interests, that a prisoner should not associate with other prisoners, either generally or for particular purposes, the governor may arrange for the prisoner's removal from association accordingly.
(2) A prisoner shall not be removed under this rule for a period of more than 72 hours without the authority of the Secretary of State and authority given under this paragraph shall be for a period not exceeding 14 days but it may be renewed from time to time for a like period.
(3) The governor may arrange at his discretion for a prisoner removed under this rule to resume association with other prisoners at any time, and in exercising that discretion the governor must fully consider any recommendation that the prisoner resumes association on medical grounds made by a registered medical practitioner or registered nurse working within the prison."
"highlighted [that] the number of self inflicted deaths within segregated environments was disproportionate to that of the general population…Segregation should be used only as a last resort whilst maintaining a balance to ensure it remains an option for disrupted prisoners, this does include prisoners on an open [suicide and self harm watch plan] but only when they are such a risk to others that no other suitable location is appropriate and where all other options have been tried or are considered inappropriate. It is expected that segregation staff focus on helping prisoners manage their behaviour and problems rather than simply on punishment. It's desirable that there is greater interaction between staff and prisoners which in turn will alert staff to any concerns on mental health issues and/or risk of self harm, as well as between segregation and wing staff which will assist planning for the prisoners return to normal location…Positive regimes and activities are encouraged as this will act as a diversion to the boredom and loneliness of segregation".
"Outcome: Prisoners are only segregated for reasons of Good Order or Discipline when there are reasonable grounds for believing that the prisoner's behaviour is likely to be so disruptive or cause disruption that keeping the prisoner on ordinary location is unsafe.
- The decision to segregate a prisoner is reasonable and appropriate. See example occasions where segregation might be appropriate.
- The competent operational manager/Duty Director considering or authorising segregation assesses whether the situation could be better addressed by adopting alternative arrangements such as transfer to another wing, closer supervision on ordinary location, transfer to another establishment etc.
- Segregation under Rule 45 (YOI Rule 49) GOoD is for the shortest period of time consistent with the reason for separation in the first place."
"no more than are necessary to protect the prisoner concerned or to maintain the good order or discipline of the establishment."
"The regime for segregated prisoners (under Prison Rule 45 YOI 49) should be as full as possible and only those activities that involve associating with mainstream prisoners should be curtailed. In-cell education or work that could be done in cell (e.g. packing) should be encouraged. Access to activities such as domestic visits, legal visits, use of the telephone, canteen, exercise and shows should be comparable to those for a prisoner held on normal location. Certain regime elements, for example, TV, radio/CD player, association within the segregation unit, PE/gym access could be used as incentives; rewards for prisoners that comply with the targets set by the Segregation Review Boards."
The mental health evidence
Was segregation justified?
Breach of Articles 3 and 8 ECHR