State (Richardson) v Governor of Mountjoy Prison

JurisdictionIreland
Judgment Date01 January 1980
Date01 January 1980
CourtHigh Court
(H.C.)
State (Richardson)
and
Governor of Mountjoy Prison

Condition of confinement - Subsisting rights of convicted prisoner - Complaint by prisoner that conditions of confinement conflict with health and privacy rights - Whether motive for complaint relevant - Whether State in breach of duties under Constitution and Prison Rules - Appropriate remedy - Constitution of Ireland, 1937, Article 40.3 - Rules for the Government of Prisons, 1947 (S.R. O. No.320), Rules 34, 46, 108, 172. Habeas corpus -Inquiry under Article 40.4 - Whether habeas corpus or Article 40.4 inquiry appropriate form of relief - Subsisting rights of convicted prisoner - Right of access to courts - Constitution of Ireland, 1937, Articles 40.3, 40.4.

The prosecutrix was a convicted prisoner who was detained in Mountjoy Prison. She applied for an inquiry by the High Court under Article 40.4 of the Constitution into the conditions relating to toilet facilities in the women's section of the prison on the grounds that they failed to have proper regard to her right to health, privacy and human dignity. Evidence was given that each morning the women, whose...

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41 cases
  • Ryan v Governor of Midlands Prison
    • Ireland
    • Supreme Court
    • 22 Septiembre 2014
    ...was the interpretation of the Statute. 22The Court considers that this is not a case such as Richardson v Governor of Mountjoy Prison [1980] ILRM 82 where there was an issue of a prisoner suffering ill treatment. See also Cahill v Governor of Military Barracks 1980 ILRM 191. 23The tradition......
  • Holland v Governor of Portlaoise Prison
    • Ireland
    • High Court
    • 11 Junio 2004
    ...Governor of Mountjoy Prison (Unreported, High Court, McMahon J., 6th March, 1978);The State (Richardson) v. Governor of Mountjoy Prison[1980] I.L.R.M. 82; Murray v. Ireland[1985] I.R. 532 andKearney v. Minister for Justice[1986] I.R. 116applied. Breathnach v. Ireland[2001] 3 I.R. 230disting......
  • Brennan v Governor of Portlaoise Prison
    • Ireland
    • High Court
    • 1 Enero 1999
    ...RULES FOR THE GOVT OF PRISONS 1983 SI 135/1983 AG, PEOPLE V MCGOWAN UNREP SUPREME 14.10.1968 RICHARDSON, STATE V GOV OF MOUNTJOY PRISON 1980 ILRM 82 C, STATE V FRAWLEY 1976 IR 365 GREENE, STATE V GOV OF PORTLAOISE PRISON UNREP HAMILTON 20.5.1977 1977/4/730 CAHILL V GOV OF MILITARY DETENTI......
  • Daniel Mcdonnell v Governor of Wheatfield Prison
    • Ireland
    • High Court
    • 20 Marzo 2015
    ...given in an appropriate case. MacMenamin J in Mulligan interpreted the decision of The State (Richardson) v. Governor of Mountjoy Prison [1980] ILRM 82 as recognising that in an appropriate case a court:-" 81 'has jurisdiction to actually direct improvements in prison conditions where warr......
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2 books & journal articles
  • Bunreacht Behind Bars: The Irish Prison System in its Constitutional Context
    • Ireland
    • Trinity College Law Review No. XXI-2018, January 2018
    • 1 Enero 2018
    ...for the prisoner to show that there has been a legal error or impropriety, or even that jurisdiction has been inadvertently exceeded.’ 32 [1980] ILRM 82. 33 [1980] ILRM 82, 84. 34 [1980] ILRM 82, 86. 96 Trinity College Law Review [Vol 21] constitutional rights which are clearly not abrogate......
  • Whither Constitutional Environmental (Rights) Protection In Ireland After ?Climate Case Ireland'?
    • Ireland
    • Irish Judicial Studies Journal No. 2-21, July 2021
    • 1 Julio 2021
    ...2021: The Physical Science Basis (2021) accessed 09 August 2021. 103 See also, The State (Richardson) v Governor of Mountjoy Prison [1980] ILRM 82, and Mulligan v Governor of Portlaoise Prison [2010] IEHC 269. 104 [1976] IR 365 (HC). [2021] Irish Judicial Studies Journal Vol 5(2) 40 IRISH J......

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