The Court of Appeal has upheld the prison authorities’ power to discipline a prisoner for misconduct in a courtroom while he remained in prison custody. It dismissed his appeal against the disciplinary decision, while allowing a separate appeal concerning legal aid.
The judgment, delivered by Ms Justice Ní Raifeartaigh on 22 February 2024, concerned a prisoner serving a 19-year sentence. On 5 July 2021, a jury convicted him of separate offences, and the case was adjourned for sentencing on 29 July. During that sentencing hearing, he became agitated and threw a Bible at the judge. He was removed and took part in the rest of the hearing by video link. The judge did not deal with the incident through the contempt jurisdiction and proceeded to sentence him.
A prison disciplinary hearing followed. The process began with a P19 alleging breaches of prison discipline, including threatening behaviour, endangering a person, assault and offending against good order and discipline. A sanction of 40 days’ loss of privileges was imposed. The prisoner’s petition under section 14 of the Prisons Act 2007 did not overturn the sanction. The High Court later refused his application to quash the disciplinary decisions.
On appeal, he argued that prison rules did not apply to his conduct while he was in court, which he said was exclusively a matter for the sentencing judge. The respondents argued that he remained a prisoner serving his existing sentence and in the Governor’s custody.
The Court of Appeal agreed with the High Court. It held that the prisoner remained in the Governor’s custody while in court and that the Prisons Act and Prison Rules could apply to misconduct outside prison while a prisoner was in prison custody. The court also rejected the argument that the judge’s contempt jurisdiction excluded prison discipline. It said both processes could coexist, subject to unfairness or oppression in an individual case; it found neither in this case, noting that the judge had chosen not to deal with the incident as contempt.
The court dismissed the appeal against the disciplinary decision. Separately, it allowed the appeal on the Legal Aid (Custody Issues) Scheme and recommended that the matter be dealt with under that Scheme. The judgment does not set out a change to the 40-day sanction.