Chris McCann, solicitor with Harte Coyle Collins, successfully achieved leave in a judicial review application against the Trust which provides healthcare to those in custody.
The High Court in Belfast granted leave in the judicial review application on the 19th January 2024.
The Applicant, who is an Extended Custodial Sentenced Prisoner in Magilligan prison, brought a judicial review challenge against the South Eastern Health and Social Trust (“Trust”) under the Human Rights Act 1998 because of extreme delay in the provision of treatment of addictions for those in custody..
The court granted leave on two arguments: (1) that the Trust are in breach of their positive obligations under article 3 ECHR; and (2) the Trust are treating the applicant unjustifiably differently based on his being a prisoner (his comparator being someone living in the community).
Leave was granted at the High Court by Mr Justice McAlinden on 19th January 2024, with a full hearing listed for 15th May 2024.
Chris McCann said today ;
“This case raises important arguments around the treatment of addictions by the healthcare providers for prisoners. The current system is completely failing our clients in custody. It is of paramount importance that addiction issues are dealt with while our clients are in custody and the current systemic failure to do so leaves the consequences to other public services on release. The ideal time for the state to deal with addiction services is when the clients are in custody. This has been demonstrated by the successful Scandinavian models. Proper treatment and the resourcing of treatment has positive impact on reducing re-offending caused by substance abuse. The current system is grossly failing those in custody.”
Harte Coyle Collins
Solicitor & Advocates