Court of Appeal dismisses Steven Penrose’s challenge over Mountjoy detention

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The Court of Appeal has dismissed Steven Penrose’s appeal against the High Court refusal to review his detention in Mountjoy Prison’s challenging behaviour unit. The court found no error in the High Court’s conclusion that the evidence did not establish a breach of Penrose’s rights warranting judicial review.

Penrose argued that prison records and disciplinary reports were falsified and that his detention amounted to psychological torture. The Court of Appeal said the appeal rested on his disagreement with factual findings made after the High Court heard evidence from both sides, including cross-examination of the prison governor. It held those findings were supported by credible evidence and could not be overturned on appeal.

The High Court had found that Penrose’s placement in the unit was justified by his behaviour and prison safety concerns, and that he had refused offers of alternative accommodation. The Court of Appeal also upheld the decision to limit the challenge to detention from August 2022, under the three-month time limit for judicial review applications.

The respondents were provisionally awarded the costs of the appeal, subject to Penrose being able to submit an alternative proposal within 14 days of the judgment.