header-logo header-logo

HMP Wandsworth: Illegal conditions?

23 February 2024 / Steve Foster
Issue: 8060 / Categories: Features , Criminal , Human rights
printer mail-detail
160017
Conditions at HMP Wandsworth are ‘unsafe’ and ‘inhuman’, says a recent report. But are they in breach of the ECHR, Art 3? Steve Foster considers the evidence
  • Examines the findings of the Independent Monitoring Board report into conditions at HMP Wandsworth, and considers them in relation to the guarantees of the European Convention on Human Rights, Art 3 and case law.

A recent report published by the Independent Monitoring Board (IMB) of HMP Wandsworth has highlighted concerns regarding the safety and integrity of prisoners and prison staff at the prison (‘Unsafe and inhuman conditions at Wandsworth’, 11 October 2023). It states that conditions at the prison reflect the failures of the prison system as a whole, and that there had been no real progress in resolving problems at Wandsworth, caused by years of underinvestment in the fabric, facilities and staff at the prison.

But are these conditions in breach of the law, and in particular Art 3 of the European Convention on Human Rights (ECHR), which guarantees freedom from inhuman

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll