Released prisoners and Covid
Released prisoners and Covid
Author
Discussion

Somewhatfoolish

Original Poster:

5,078 posts

215 months

Thursday 15th October 2020
quotequote all
Mrs Foolish (who is much fitter and younger than me so very unlikely to die but I am still angry) works with the homeless and the homelessish and they've had to isolate one of their hostel inhabitants (with perhaps more to come) because his mate was released from prison with covid, apparently. He (the one in gaol) was just told to turn up to a housing appoointment but didn't, but was still able to meet the one hostel inhabitant with the later repercussions.

What the bloody hell is going on? Mrs Foolish is not one for the autistic nerdy details of policy, but I absolutely am so I would be very interested in knowing what is supposed to happen with people let out of prison with covid atm. Why are they even letting them out when they're infectious? I am a bit of a liberal carpet muncher who thinks that prison sentences are massively over applied and far too long but I would have no problem with holding people inside an extra week or so until they're not going to pass on the lurge - and this shouldn't be a problem libery wise given almost everyone is let out half the way into a sentence.

Does anyone know the position or anything useful?

anonymous-user

83 months

Thursday 15th October 2020
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Wow! You want people to be unlawfully detained so you won't get ill. Have another Wow!

Greendubber

15,265 posts

232 months

Thursday 15th October 2020
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Is having Covid an imprisonable offence yet?

Fluid

1,750 posts

214 months

Thursday 15th October 2020
quotequote all
Somewhatfoolish said:
Mrs Foolish (who is much fitter and younger than me so very unlikely to die but I am still angry) works with the homeless and the homelessish and they've had to isolate one of their hostel inhabitants (with perhaps more to come) because his mate was released from prison with covid, apparently. He (the one in gaol) was just told to turn up to a housing appoointment but didn't, but was still able to meet the one hostel inhabitant with the later repercussions.

What the bloody hell is going on? Mrs Foolish is not one for the autistic nerdy details of policy, but I absolutely am so I would be very interested in knowing what is supposed to happen with people let out of prison with covid atm. Why are they even letting them out when they're infectious? I am a bit of a liberal carpet muncher who thinks that prison sentences are massively over applied and far too long but I would have no problem with holding people inside an extra week or so until they're not going to pass on the lurge - and this shouldn't be a problem libery wise given almost everyone is let out half the way into a sentence.

Does anyone know the position or anything useful?
OP living up to username.




Jasandjules

72,588 posts

258 months

Thursday 15th October 2020
quotequote all
OP if you didn't like that, just wait until you find out what happened with Covid Patients and care homes.........

I presume the person in question is not particularly unwell else they would be in hospital....

Shaw Tarse

31,888 posts

232 months

Thursday 15th October 2020
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So some poor bloke was infected with Covid, whilst staying at HMP, can he claim compensation? type

anonymous-user

83 months

Thursday 15th October 2020
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On the right facts (negligent failure to provide safeguards against infection), yes he could. A prisoner does not forfeit all rights just because he or she is incarcerated.

Shaw Tarse

31,888 posts

232 months

Thursday 15th October 2020
quotequote all
I wonder how difficult/easy it is to implement safeguards?
Yeah I can probably Google the answers ...

anonymous-user

83 months

Thursday 15th October 2020
quotequote all
The question would always be had the prison done what was reasonable in the circumstances to minimise risk. Elimination of all risk would not be expected, and the practical constraints imposed by the fact of incarceration would be relevant factors. It would probably take a fairly egregious case of letting the virus run riot through the prison to establish liability.

BertBert

21,257 posts

240 months

Thursday 15th October 2020
quotequote all
Breadvan72 said:
The question would always be had the prison done what was reasonable in the circumstances to minimise risk. Elimination of all risk would not be expected, and the practical constraints imposed by the fact of incarceration would be relevant factors. It would probably take a fairly egregious case of letting the virus run riot through the prison to establish liability.
Very similar to care homes I reckon!

Psycho Warren

3,087 posts

142 months

Thursday 15th October 2020
quotequote all
Ones right to freedom and covid are not linked in the criminal justice system. Just like if you get COVID as a non-offender, you can still roam free in society. So I can't see any legal authority to detain someone for illness once their sentence ends?

anonymous-user

83 months

Thursday 15th October 2020
quotequote all
There do exist powers in the Public Health legislation to detain a person who is wandering around being Typhoid Mary, but such powers have not, as far as I am aware, been used yet. In any event, as you rightly observe, there is no basis for treating an ex-con any differently to any random person who may have C19.

The OP's post is odd indeed, coming from someone who claims to have liberal views, but irrational fear makes people do strange things.

FACTOID: Every single time I type the word Public, it initially comes out as "Pubic". EVERY TIME. Including just now.

RSTurboPaul

13,089 posts

287 months

Thursday 15th October 2020
quotequote all
Breadvan72 said:
FACTOID: Every single time I type the word Public, it initially comes out as "Pubic". EVERY TIME. Including just now.
Some sort of Freudian slip??

RSTurboPaul

13,089 posts

287 months

Thursday 15th October 2020
quotequote all
Greendubber said:
Is having Covid an imprisonable offence yet?
There is always Schedule 21...

carinaman

25,170 posts

201 months

Thursday 15th October 2020
quotequote all
Breadvan72 said:
FACTOID: Every single time I type the word Public, it initially comes out as "Pubic". EVERY TIME. Including just now.
That'll be Pubic Law.

RSTurboPaul

13,089 posts

287 months

Thursday 15th October 2020
quotequote all
carinaman said:
Breadvan72 said:
FACTOID: Every single time I type the word Public, it initially comes out as "Pubic". EVERY TIME. Including just now.
That'll be Pubic Law.
Some sort of Pubic Order offence?

Outraging Pubic Decency?

JQ

6,801 posts

208 months

Friday 16th October 2020
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Somewhatfoolish said:
I am a bit of a liberal carpet muncher
I don't think you are.

55palfers

6,368 posts

193 months

Friday 16th October 2020
quotequote all
Hmm.

It's an interesting conundrum perhaps.

If tested positive, we all must isolate for 14 days. It's the Law.

Covid positive offender released from prison who demonstrably has no fixed home other than a bail hostel which is likely to have no self contained cooking / toilet and washing facilities or have anyone willing or able to shop for them. Shared TV lounge too perhaps.

They may have substance dependencies that mean they will hit the streets seeking their fix of choice. They may have to visit a pharmacy to get their methodone.

They will certainly have to travel on pubic (sic) transport to reach said hostel. Witness the outrage over the SNP MP on the train recently.

Plus our offender has a rich history of ignoring the niceties of the Law.

Maybe "Clink-Lite" until they test negative would avoid the possibility of infecting others?


EDIT

Actual numbers of prison acquired infections is tiny.



Data from here:

https://assets.publishing.service.gov.uk/governmen...

Edited by 55palfers on Friday 16th October 11:58

Cyberprog

2,324 posts

212 months

Wednesday 21st October 2020
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If they were being released early, isn't a part of that including that they need somewhere to stay arranged in advance? Surely they'd do a COVID test before release and if positive just keep them in until negative (perhaps with the option that they go to isolation in the prison). Then release em once negative.

Psycho Warren

3,087 posts

142 months

Wednesday 21st October 2020
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Cyberprog: the point is you can't just imprison someone when ill unless the law allows you to. It doesn't except the bit of law mentioned by Breadvan which is very rarely used and would likely need specific evidence to prove it.


You could argue the shared accommodation issue for anyone who lives in shared accom, so all students, HMO's, YMCA, all bedsits, forces accom etc etc etc. Thats a lot of people!

Covid rules around the need to "Isolate" does not make it illegal to leave the house either.