Whelan -v- Governor of Mountjoy Prison & anor [2015] IEHC 273 (01 May 2015)

Whelan -v- Governor of Mountjoy Prison & anor [2015] IEHC 273 (01 May 2015)

The exercise area provided to the applicant in the Challenging Behaviour Unit is not 'in the open air' within the natural and ordinary meaning of rule 32(1) of the Prison Rules 2007, as it is entirely roofed and enclosed, and thus does not satisfy the mandatory requirement for open air exercise. The Governor's discretion does not extend to redefining 'open air' contrary to the rule's plain meaning. The application was not moot as the applicant remained subject to the regime and could be returned to the Challenging Behaviour Unit.

Citation
[2015] IEHC 273
Parties
Applicant: Jason Whelan; First Respondent: Governor of Mountjoy Prison; Second Respondent: Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
01 May 2015
Procedural Posture
Judicial Review / Judgment After Leave Granted and Substantive Hearing
Outcome
Declaration granted in favour of the applicant; exercise area does not comply with rule 32(1) of the Prison Rules 2007.
Legal Topics
Prisoner Rights, Interpretation of Prison Rules, Judicial Review of Prison Conditions, Open Air Exercise Entitlement, Governor's Discretion, Mootness
Prison Law Administrative Law Constitutional Law Human Rights Prisoner Rights Interpretation of Prison Rules Judicial Review of Prison Conditions Open Air Exercise Entitlement +2 more

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Parties

Jason Whelan

Applicant

Governor of Mountjoy Prison

First Respondent

Minister for Justice and Equality

Second Respondent

Procedural Posture

Judicial Review / Judgment After Leave Granted and Substantive Hearing

Legal Issues

  1. 1 Whether the exercise area provided to the applicant in the Challenging Behaviour Unit constitutes 'open air' within the meaning of rule 32(1) of the Prison Rules 2007
  2. 2 Whether the Governor has discretion to determine what constitutes 'open air' for the purposes of rule 32(1)
  3. 3 Whether the application was moot at the time of hearing

Ratio Decidendi

The exercise area provided to the applicant in the Challenging Behaviour Unit is not 'in the open air' within the natural and ordinary meaning of rule 32(1) of the Prison Rules 2007, as it is entirely roofed and enclosed, and thus does not satisfy the mandatory requirement for open air exercise. The Governor's discretion does not extend to redefining 'open air' contrary to the rule's plain meaning. The application was not moot as the applicant remained subject to the regime and could be returned to the Challenging Behaviour Unit.

Court Disposition

Declaration granted in favour of the applicant; exercise area does not comply with rule 32(1) of the Prison Rules 2007.

Orders

  • Declaration that the offer of one hour of exercise in an enclosed yard which is not in the open air is not sufficient compliance with rule 32(1) of the Prison Rules 2007.
  • Court to hear parties on the precise terms of the declaration.