Judgment: 2019-04-12 · Court archive

High Court says Cork Prison governor should have referred prisoner’s medical requests to prison doctor

The court granted leave for judicial review and ruled that a governor could not decide whether to pass a prisoner’s further compassionate-release requests onward. It made a declaration about the procedure, while treating the original release decision as overtaken by later events.

High Court · [2019] IEHC 258

Who, what, where, when and why

Who
  • Governor of Cork Prison
What

The court granted leave for judicial review and ruled that a governor could not decide whether to pass a prisoner’s further compassionate-release requests onward. It made a declaration about the procedure, while treating the original release decision as overtaken by later events.

Where

Places mentioned in the report

  • Cork Prison
  • Cork
When

Judgment:

Why

Read the report below for the decision and any reasons given.

The High Court ruled that the governor of Cork Prison should have referred a prisoner’s requests for compassionate temporary release to the prison doctor for an opinion, rather than deciding himself whether to pass them on. The court made a declaration about the procedure but did not order the prisoner’s release or review the later decision on a fresh application.

Read the original court judgment

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