Is Prison Lockdown Lawful?

Prison Law Solicitors Newcastle and Sunderland

Each week, we are receiving more and more calls from concerned clients whose prisons, or the wings they are on, are going into lockdown. For them, lockdown means lockdown. It is 23 and a half hours a day in their cells with meals passed through their hatch. There is no exercise in the yard, no free time and no socialising. For some, the half hour out doesn’t even allow time for a shower. So is this lawful?

Prisons are a hot spot for Covid-19 due to their dense populations, an outbreak is classed as 2 positive tests, and if that occurs, prisons must be referred to Public Health England (PHE) Health Protection Team (HPT) for support in controlling the outbreak. This means inmates are confined to their cells for their own safety. However, checks must be undertaken by prison staff to ensure the inmate is well enough to remain in the custodial setting and does not require greater care.

The Government has provided a complete guide as to the steps that should be taken to minimise the risk of an outbreak in prisons and what should be done in the event of an outbreak. This can be found at gov.uk and is entitled ‘Preventing and controlling outbreaks of COVID-19 in prisons and places of detention’.

In summary, it states any prisoner who displays symptoms of Covid-19 must go into isolation for 10 days, and all staff coming into contact with that person must wear full PPE. It is only when an inmate develops symptoms that they must be tested for Covid-19, as per the guidance in the community. Further, anyone who comes into contact with a person who tests positive for Covid-19 must be put into isolation for 10 days, to minimise risk of transmission. In the community, a failure to self-isolate can result in a fine of up to £10,000, therefore it is vital rules are also followed in custody to ensure the risk of infection is reduced.

Even in the event of negative test results, it is important that inmates remain in isolation for a period of 10 days (or longer if symptoms persist) and clinical assessments are undertaken before they are released from isolation to help prevent the spread of infection.

Sadly, due to the unpredictable nature of Covid-19, the rules in prisons regarding isolation and social distancing are vital to ensure the safety of inmates and staff. Though some socialising may be possible, it is likely that inmates will need to be limited to only mixing with those on their wings for quite some time yet with strict social distancing measures in place.

The frank reality is that it is the safest option for inmates to be isolated if there is any risk of an outbreak in a prison, sadly without such measures in place, an uncontrolled outbreak in a prison could cost hundreds of lives. Though isolation is not easy and has a detrimental effect to mental health, prisons must follow Government guidelines.

However, if you feel that the prison you are in is using the Covid-19 pandemic as an excuse, whether that be to refuse your prison transfer; to keep you locked up in your cell or something else, please get in touch. We will be more than happy to discuss the possibility of a Judicial Review with you.

Prison Law Solicitors Newcastle:  0191 284 6989

Prison Law Solicitors Sunderland: 0191 567 6667

Email us: enquiries@emmersons-solicitors.co.uk

Complete our Online Enquiry Form

You can also park opposite our Sunderland Office on John Street.