( all prisioners were put into C19 lockdown so that has been recorded in a prison visitor report and may be quoted out of context)
There are only 3 prisoners to date who opted to produce or had a GRC to produce.
At the end of the trial when there is a committal to prison the law has to followed the GRC.
And i think the way the GRA is worded the prisoner has a legal obligation to provide the State with a copy without being asked. So woman with a GRC has to produce her GRC and be placed in the mens system.
With no GRC every other male is sent to a mens prison. Eg the case of a male gay with cosmetic alterations prostitute convicted on trying to sell CSA images to a client who went to the Gardai (so ticking the same "boxes" as the one in for direct contact CSA) was sent to one of the midlands prisons.
And likely he needed to be held out of the general population for his own safety. The prison could elect to give him a personal PO.
So post GRC men/male becomes woman/female and there is no lawful way to place a woman in the mens system.
The Womens prison Dublin paid for 2 POs to be with the CSA offender at all times (assumption that did not cover the night shift). Cost of PO was 60kis salary ++ which could have been used or saved. So the other women are used as a tool to meet his social needs (so treated the same as any 'new' woman in the prison)
He was not a direct danger to women as he imo groomed the mother of the child as there was no reports of him attacking her or other women.
So no justification not to have him in the general population for the whole time he served.
Same as the one who attacked three men in the pub no direct VaWG and would be assessed as if he was a woman in for the same level of violence. And ignore that an underlying cause of the violence was i think anger about comments on being trans/not a woman.
Lock up rules are strict as the prisoner can go to the High Court to remove the restriction.
https://www.ihrec.ie/important-decision-of-the-high-court-in-case-concerning-prisoners-rights/
The Irish Human Rights and Equality Commission (The Commission) today welcomed the decision of the High Court in the judicial review proceedings entitled McDonnell v. The Governor of Wheatfield Prison which held that the Applicant’s constitutional rights were breached as a result of being on 23 hour lock-up since February 2014.
The consitutional righ is very clear on duty of the State "shall do" and only resolution shall by letting the person "go" or proving the law applies:
FUNDAMENTAL RIGHTS
PERSONAL RIGHTS
ARTICLE 40
4 2° Upon complaint being made by or on behalf of any person to the High Court or any judge thereof alleging that such person is being unlawfully detained, the High Court and any and every judge thereof to whom such complaint is made shall forthwith enquire into the said complaint and may order the person in whose custody such person is detained to produce the body of such person before the High Court on a named day and to certify in writing the grounds of his detention, and the High Court shall, upon the body of such person being produced before that Court and after giving the person in whose custody he is detained an opportunity of justifying the detention, order the release of such person from such detention unless satisfied that he is being detained in accordance with the law.
The same right is why BK's on sectioning hearing happened.
From memory it is now accepted as basic right of sectioning rights after a woman was sectioned by her husbands doctor for arguing with her husband in public. (Crazy right!) Her family forced the hospital to admit her being upset: at being sectioned and at her husband and the doctor involved did not prove she totally was "crazy" once the doctor signed to say she was.
https://www.iprt.ie/latest-news/iprt-welcomes-findings-of-high-court-in-restricted-regimes-case/
18th February 2015
IPRT has today welcomed the findings of the High Court that 22-23 hour solitary confinement regime imposed on a prisoner for almost a year amounts to a “clear sustained violation” of the prisoner's right to bodily and psychological integrity.
Key findings include:
- 22 or 23 hour lockup regime amounts to solitary confinement;
- solitary confinement can cause significant psychological harm to prisoners;
- solitary confinement should be used only in exceptional circumstances and for a limited period of time;
- after 3 or 4 weeks there should be an intensive review of such cases to ensure the conditions can come to an end at the earliest possible time.
https://www.iprt.ie/solitary-confinement/page5
https://www.iprt.ie/iprt-publications/behind-the-door-solitary-confinement-in-the-irish-penal-system/
This report contains 25 key recommendations centring on the use of solitary confinement and restricted regimes in Ireland. Our goal is ambitious but achievable – the abolition of solitary confinement in Ireland in the short term and the gradual elimination of the use of restricted regimes with the ultimate target of 12 hours out-of-cell time daily for all prisoners across the prison estate.
Some of the key recommendations arising from the report include:
- The placement in solitary confinement of adults with mental health difficulties or mental or physical disabilities should be prohibited.
Two GRC men can provide out of cell companionship
https://www.thejournal.ie/barbie-kardashian-trial-5758736-May2022/
Thats nice in principle but how do we as a community deal with BK.
Want to stab someone and rape her as she bleeds out indicates MH issues.
He cant be sectioned because he is sane.
He cant be in general population because he has a history of ambush attacks.
His attacks mainly focused on women so the childrens system bared women POs managing him
Plus for safety the team should be a minium of 5 men
https://www.iprt.ie/latest-news/iprt-welcomes-focus-on-irish-prisons-by-european-anti-torture-committee/
And to note as the committe visited the chlidrens unit the PO have been the people who are refusing to manage a mixed sex childs unit which some do-gooder thinks would be a good idea.