Islam v Director-General, Justice and Community Safety Directorate

[2015] ACTCA 60

ACT Court of Appeal

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Interrogate

Catchwords

1. Human Rights
2. › Rights in criminal proceedings
3. › Right to adequate facilities to prepare defence
4. › Prisoner seeking computer access and document access for appeal preparation
5. › Whether right is absolute or subject to implied limitations
6. › Human Rights Act 2004 (ACT), ss 22(2)(b), 40A, 40B(1)(a), 40C
1. Practice and Procedure
2. › Inherent jurisdiction
3. › Court's power to intervene in prison administration
4. › Whether administration of justice impeded by conditions of prisoner's detention
5. › Self-represented prisoner preparing appeal
1. Human Rights
2. › Public authorities
3. › Obligation to act consistently with human rights
4. › Operation of correctional centres
5. › Whether prison facilities for appeal preparation incompatible with human rights
6. › Human Rights Act 2004 (ACT), ss 40A, 40B, 40C

Quick Take

The right under s 22(2)(b) of the Human Rights Act 2004 (ACT) to adequate time and facilities to prepare a defence is not absolute and is subject to implied limitations. Non-ideal facilities are not the same as inadequate facilities. A prisoner with access to shared computer facilities, the ability to hire a personal computer at modest cost, and access to legal documents and websites has not established an infringement of the right. The court will assess the degree of interference with the right on a case-by-case basis.