The Supreme Court has dismissed James McAuley’s appeal against the High Court’s refusal to quash a prison disciplinary sanction. It held that the Governor of Mountjoy Prison could defer the start of a 56-day loss of privileges imposed for a second mobile phone breach.
McAuley was serving a prison sentence when he faced a disciplinary complaint over a mobile phone found on 30 August 2012. He admitted the phone was his at an inquiry on 7 September. The Governor imposed 42 days’ prohibition of certain privileges, running from that date until 19 October.
On the morning of 7 September, McAuley was also found with another mobile phone and a SIM card. At a separate inquiry on 11 September, he admitted that breach. The Governor imposed a 56-day prohibition, set to begin on 26 October, after the first sanction ended.
McAuley argued that the Governor had no statutory power to defer the second sanction’s start. He accepted that each breach could attract up to 60 days’ loss of privileges, but said the second sanction had to begin immediately. That would have caused it to overlap with the first sanction.
In a judgment delivered by Mr Justice Hardiman on 29 November 2012, the Supreme Court rejected that argument. It said the Prisons Act 2007 required the Governor to impose one or more listed sanctions when a breach was found, and the 56-day period was within the statutory maximum. The Act did not specify when a prohibition of privileges must begin, and the Court found no provision barring the Governor from choosing a start date.
The Court said setting the commencement date was an incident of the Governor’s statutory powers. Starting the second sanction immediately would have substantially reduced its practical effect because it would overlap with the first. The Court therefore dismissed the appeal, concluding that deferring the sanction was part of the Governor’s jurisdiction and, if necessary, an implied power under the Act.
The appeal concerned the timing of the second sanction. The Court did not disturb the finding that McAuley committed the breach or the 56-day sanction itself.