Eastman v Besanko and The Attorney-General of the ACT

[2009] ACTCA 23

ACT Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Prisoners
3. › Court orders regulating prison accommodation
4. › Inherent power to ensure administration of justice not impeded
5. › Whether extension of order justified
6. › Whether court should intervene in prison management
1. Practice and Procedure
2. › Inherent jurisdiction
3. › Power to ensure administration of justice not impeded by manner of prisoner's detention
4. › Discretion to make orders affecting prison management

Quick Take

Courts have inherent power to ensure the administration of justice is not unduly impeded by the manner of a prisoner's detention, but will exercise considerable caution before intervening in prison management given the security and safety issues involved and the court's lack of expertise in that area.

Case Details

Citation[2009] ACTCA 23

CourtACTCA

JurisdictionAustralian Capital Territory

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Cited by3

Relies on1

2009Johnston, The Superintendent of the Belconnen Remand Centre v Eastman; Johnston, the Superintendent of the Belconnen Remand Centre v The Honourable Terence John Higgins and EastmanACTCA 8

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