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Standard of Care in Irish Prisons

   

Added on  2019-09-16

2 Pages440 Words162 Views
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Law of tort Prisons may, as an inevitable consequence of the character of persons detained, be dangerous places. Prisoners are entitled to expect that authorities would takereasonable care to protect them from attack by fellow prisoners. What is reasonable, will as always, depend on the circumstances. As the cases recognise, prison authorities may have to thread a delicate line between theachievement of the objective of protecting the safety of prisoners and the risks of adopting unduly repressive and inhumane measures. They must balance the protective function and possible demand for instructive searches against the need to permit prisoners an appropriate degree of freedom of movement and human dignity.”- Fennelly J., inCreighton v. Irelandand Attorney General [2010] I.E.S.C. 50at para. 4Discuss in light of the approach of the Irish Courts to the question of the standard of care required by the State in discharging the duty of care owed to prisoners in Irish prisons.Please note:This assignment is worth 50% of the overall mark for the Law of Torts module.Due time/date - 23.59 (11.59pm) on Thursday 5thJanuary2017.The assignment length is 2,500 words, excluding footnotesand bibliography, and 10% above or below this count will not alter your mark.The assignment should be typed, in Time New Roman font, size 12. There should be 1.5 line spaces between each line, and the margins of all text should be justified.It is essential that your assignment draws on both case law and academic commentary and all such sources should be referenced using the OSCOLA referencing system. A guide to the system is posted on MOODLE.Excessive direct quotations from other sources, even if referenced, without using your own words to show what you have learned may cause you to lose marks. Thus
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