Law of Torts: Standard of Care in Prisons

This is an essay assignment for a Law of Torts module, focusing on the standard of care required by the State towards prisoners in Irish prisons. The essay requires students to discuss the legal principles and case law related to the duty of care owed to prisoners, drawing on both case law and academic commentary. The assignment is worth 50% of the overall module mark and has a word limit of 2,500 words. Students are expected to use the OSCOLA referencing system and submit their work through TURNITIN. The essay should demonstrate an understanding of the legal issues and the ability to synthesize information from various sources.

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 take
reasonable 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 the
achievement 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., in Creighton v. Ireland and Attorney General
[2010] I.E.S.C. 50 at para. 4
Discuss 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 5th January
2017.
The assignment length is 2,500 words, excluding footnotes
and 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

when you read others work and wish to use their material
you should put their thoughts in your own words, and then
reference the source for the original material. This is an
important point.
All assignments must be submitted by the nominated date
and time via the TURNITIN link on MOODLE.
You must include a cover sheet with your assignment.
Students are reminded regarding the rules concerning
academic misconduct. You must not use someone else’s
work without referencing the source, and please note that
TURNITIN will tell us whether you have done so.