Owen Beattie

The legal action — brought by prisoner Curtis Tanner, represented by solicitor Owen Beattie — also centres on the alleged use of CCTV to monitor restricted prisoners while using the toilet.

In September 2021, Mr Tanner obtained compassionate bail to attend his stepfather’s funeral. After breaching those terms and returning to prison late, he was made subject to Rule 32 restriction of association arrangements.

Mr Tanner was placed in a care and supervision unit (CSU) used to keep inmates away from the general population. He alleges that CCTV operated in his cell without any evidence of having concealed items affected his mental health.

In proceedings issued against the Northern Ireland Prison Service, he is seeking a declaration that the automatic imposition of Rule 32 on inmates returning from temporary release was unlawful.

Lawyers for Mr Tanner further contend that a failure to formulate or publish a policy for using CCTV to monitor prisoners using the toilet breached his right to privacy.

Based on arguments set out in the papers, Mr Justice Colton granted leave to apply for judicial review and listed the challenge for a full hearing in April.

A criminal justice watchdog last February found that the use of CSUs by the prison service was in breach of UN rules on solitary confinement.

Mr Beattie, of Owen Beattie & Co, said: “We welcome the court’s ruling and its wider significance. These proceedings are not just important to our client, but this challenge brings a much-needed spotlight to the questionable detention of prisoners in the CSU throughout the jurisdiction.”