Its central argument is that the European Court of Human Rights has not given sufficient attention to domestic inspection and monitoring of prisons, resulting in a lack of guidance about the powers they should have. This only applies to a person serving a sentence of imprisonment of one month or more. It would have made for most interesting analysis were the Supreme Court required to grapple with the question of whether Mr Callan was treated differently to those convicted under section 3 in a manner which breached his right to equality under the Constitution. Recognising this dignity is an idea unrestrained by national boundaries. She is supported in her work by a team of investigators and other support staff. In the succeeding chapters, Rogan demonstrates that, in Ireland as in the U.
Understanding Prison Policy: The Sociology of Punishment and Policy-Making 2. Prisons can also be important sources of human rights principles, and family law, particularly where visiting rights are at issue. She is a barrister with expertise in prison law, receiving the degree of Barrister-at-Law from the Honorable Society of King's Inns with distinction. In Moiseyev v Russia the European Court of Human Rights held that in matters which affected fundamental rights, it would be contrary to the rule of law that limitations on those rights would be subject to the exercise of unfettered discretion see further Rogan, 2014. The plaintiff has not been treated unequally, nor has he been subjected to unfair discrimination. Our traditional courses tend to stop at the moment of conviction or sentencing. It wishes to document and share the experiences of the individual litigants behind the cases which have shaped law reform in Ireland.
Many of the artists taking part in this celebration have worked in prisons, and we are mindful of the important role the arts and artists have to play in the life of our prisons. The kinds of behaviour which might result in a disciplinary sanction must be clear to prisoners, and the circumstances in which a prisoner might be refused a visit with a family member or friend must also be readily understandable and have a basis in a law which is accessible to prisoners. However, the plaintiff has not been treated unequally simply because there is a difference between his remission entitlements and those of persons sentenced under the Act of 1990; and nor has the plaintiff been subjected to unfair discrimination. Professor Rogan was awarded a European Research Council Starting Grant worth 1. This project works with the as its lead partner.
Though the number of prisoners impacted is small, the implications for the plaintiff of the decision are very significant. It is written in everyday language and is informative and easy to use. Roberts, The Federal Bureau of Prisons: Its Mission, Its History, and Its Partnership with Probation and Pretrial Services, 61 Fed. It notes the requirement that there be inspection of prisons. These strengths are impressive, and function to set Rogan's work apart from others whose scholarship examines and critiques penal policy in Ireland. The paper notes, however, that there is more guidance in the 2015 United Nations concerning the powers which inspectors should have than in the European Prison Rules. She chairs the Implementation and Oversight Group on reforms to penal policy, reporting to the Minister for Justice and Equality.
This book examines how penal-welfarism was experienced in Ireland, shedding further light on the nature of this concept as developed by David Garland. Her research interests include prison policy, criminal justice policy-making, penal reform, prison law, penal politics and the history of punishment. For example, the European Court of Human Rights has reiterated the importance for prisoners to be able to access medical care without undue delay. The Mallak case has a lot of potential in the area of prison law. Again, the Supreme Court, particularly Hardiman J was highly critical of this argument, considering that the State could not pick and choose how it would apply decisions of the courts. Tickets available from The Old Triangle A celebration for the benefit of the Irish Penal Reform Trust Sunday, 26th February 2012 at 8pm Abbey Theatre, Dublin 1 A celebration of music and words for the benefit of the Irish Penal Reform Trust, The Old Triangle seeks to raise awareness of the need for penal reform and the place of prison and prisoners in society. The Prisoner Ombudsman investigates complaints from prisoners held in Northern Ireland who remain unhappy with how their complaint has been responded to by the Prison Service.
Coercive Confinement in Ireland: Patients, Prisoners and Penitents, Review of Coercive Confinement in Ireland: Patients, Prisoners and Penitents, by E. The best example of this involves the elusive idea that rehabilitation of the offender can be the primary function of incarceration. The thorough analysis provides a useful historical narratives and reinserts the question of agency into broader discussions about the socio-economic and cultural context of policy formation. To find out whether 'accountability' is a distinctive norm of the European legal system, and what European prison law and policy requires regarding the oversight and monitoring of prisons; 2. All of the circumstances of the slopping out and conditions of detention must be taken into account. Reviews '…the breadth of the historical analysis within this book allows for a wider view of the role that prisons have played in state security. Prison policy in Ireland: politics, penal-welfarism and political imprisonment.
Artists are as much part of the debate as anyone, and conscious of the need to make this debate as inclusive and wide-ranging as possible. The paper examined how European public law has dealt with inspection and monitoring of prisons at the domestic level. It is well established that fair procedures enhances the legitimacy of prisons, and the role of staff in these processes is essential. For example, she explains that the inaccessibility of archival material and governmental files relating to Irish prison policy in the last two decades necessarily circumscribes the scope of her conclusions in the chapters covering this period. Please contact if you require such a certificate. Our most recent seminar involved us partnering with the , to hear about the pressing need for reform in the area of immigration and asylum. It is also important that we learn more about how accountability mechanisms feel to both prisoners and staff, in order to advance our understanding of what accountability means, and why it is important in the prison context.
Rogan deftly demonstrates how rehabilitation as a concept served multiple functions in the development of Irish prison policy over time including those epochs in which rehabilitation fell from grace as the organizing principle for incarceration in the state. Prison Policy during the 1990s: The Crucial Decade 9. I look forward to seeing a generation of lawyers trained in prison law transforming jurisprudence on prison law and enhancing the accountability of the prison system. I hope our module on Prison Law will play a small part in that process. Such analysis would have important implications for other differences in treatment such as the rules on temporary release. Inspection and complaint mechanisms for prisons was one of the areas under consideration.