Number 21 — Protective custody and hardship in prison

Protective custody and hardship in prison

The protection of offenders from violence while in custody is not an issue that is generally considered to be particularly newsworthy. However, the recent criminal cases of high profile Sydney identities, John Laws and Val Bellamy, have seen the issue of protective custody become the subject of media attention. In the case of the well-known radio presenter, John Laws, the sentencing judge, Wood CJ at CL, raised the issue when he declined to impose a custodial sentence, to be served by way of periodic detention, because of his concern for Laws’ safety. Protection from potential violence at the hands of other inmates was also raised in the former criminal lawyer Val Bellamy’s case. However, the fact that Bellamy would have to serve his sentence in protective custody did not prevent Blanch DCJ from imposing a full time custodial sentence. There is very little information available about inmates in protective custody or the conditions under which they are detained. What little information is available has emerged from appeal cases and from research on other areas of imprisonment. Such research has shown that the conditions faced by inmates in protective custody are broadly similar, irrespective of the jurisdiction in which they are detained. The aim of this paper is to provide a comprehensive overview of protective custody, including the relevant law and the main issues associated with offenders who are detained in this form of custody.