Punishment guidelines on dishing out extra days in jail for inmates who break prison rules have been declared unlawful.

Deemster Andrew Corlett said the guidelines differ markedly from those in the UK and have ’no rational basis’.

His comments came in a judgment in which he quashed 271 additional days in jail that were given to a convicted drug dealer.

Christopher McCluskey, 37, was jailed in October 2013 for a total of 14 years 10 months’ custody, primarily for possession of class A drugs with intent to supply.

In May 2016 he was convicted of an affray inside the prison and sentenced to nine months’ custody consecutive to his existing sentences.

He was due to be eligible for parole in April next year.

But between July 2018 and February last year his sentence was increased by a total of 676 additional days of custody for no fewer than 16 admitted breaches of prison rules.

Fifteen of these related to the smoking of banned substances and one concerned possession of a mobile phone.

These additional days were awarded by an independent adjudicator.

Mr McCluskey’s advocate, Paul Rodgers pointed out that the 676 additional days were the equivalent of a court-imposed sentence of three years and 257 days.

Shell-shocked

A prison officer noted the prisoner appeared ’a bit shell-shocked’ after he received the added days, adding: ’Chris has totalled it up in his head to him now receiving 20 years, which at the minute he is having difficulty getting his head round.’

Some 305 of the 676 days were quashed following a review of the independent adjudicator’s decision by the Department of Home Affairs.

But Mr McCluskey lodged a petition of doleance against the remaining 271 days.

His lawyer argued that they breached his client’s human rights and that the punishment guidelines issued by the DHA are unlawful as they have no rational basis.

On the morning of the hearing, the court was told that the prison governor had decided to use his discretion to remit a further 100 days, leaving 271 outstanding.

He said the prisoner should apply in three months for more days back, subject to continued good behaviour.

But Deemster Corlett quashed the remaining 271 days. He said: ’I am driven to the conclusion that the current punishment guidelines, departing as they do significantly from the UK guidelines, have no rational basis and therefore should be quashed.’

He said the court is always reluctant to declare unlawful, discretionary guidance issued by a government department but it was entitled to interfere where there is no reasoned explanation for a decision, which has had an effect on the liberty of the individual.