The High Court has denied Stephen Dolan’s application for judicial review over periods when he said he lacked access to education and gym facilities while held at Mountjoy Prison.
In a judgment delivered on 22 June 2017, Ms Justice Faherty found that the evidence did not establish that the Governor of Mountjoy Prison breached the Prison Rules. The court’s decision addressed Dolan’s complaints about access to authorised activities and facilities; it did not direct the prison to change its arrangements.
Dolan argued that he had been deprived of educational and other structured activities while held in protective custody under Rule 63, including at times when he was not subject to Rule 62, which permits removal from such activities on specified security grounds. He submitted that if his behaviour justified restricting access, the Governor should have formally invoked Rule 62, with its review and notification protections.
The prison authorities said Dolan’s location was determined by protection needs, safety and prison management. They argued that his behaviour sometimes required moves away from wings where facilities were available, and that he declined an offer to move to D Wing, the dedicated protection wing. They also said education and gym facilities were unavailable in some areas undergoing modernisation, and that Dolan did not always use services when they were available.
The judge noted that the record showed education and gym facilities were available to Dolan on about 58 days between November 2014 and June 2015. He was subject to Rule 62 during two periods in 2015, which he did not challenge. The court also accepted the explanation that facilities were unavailable in certain areas during modernisation and considered this consistent with what was practicable under the Rules.
Justice Faherty said Rule 63 did not give protection prisoners an unqualified entitlement to structured activity. She concluded that prison officials could make placement decisions to protect Dolan and others, even where those decisions affected access to facilities, provided they acted within the Rules. On the evidence before her, she was not persuaded that the Governor’s decisions breached them.
The judgment records that Dolan was transferred to Castlerea Prison in January 2017 and that his due release date was 27 March 2017. The court denied the relief sought.