The Court of Appeal has refused an HMP Albany inmate the right to appeal against a ruling over the practice of "slopping out".
In making the decision, Lord Justice Davis dismissed as "exaggerated" gripes, Desmond Grant's claims that the use of buckets as overnight toilets is a violation of human rights.
Slopping out was stopped in 1996, but Albany - part of HMP Isle of Wight - is believed to be one of 10 sites still believed to be using the arrangement.
"Violation Of Rights"
Inmate Desmond Grant had claimed the lack of overnight toilet facilities in HMP Albany on the Isle of Wight violated his human rights. His test case, alongside a second inmate, prompted 300 other actions by prisoners nationwide. Last December the case was dismissed after a two-week hearing.
Today QC For Desmond Grant, Hugh Southey, argued that developments in European laws on prison conditions ought to lead to the High Court ruling now being overturned.
Dismissing the right to appeal, Lord Justice Davis said it is "more or less unthinkable that an action of this kind could have troubled this court...but the European Convention on Human Rights has changed that...Aspects read as if HMP Albany is a prison with no running water or toilet facilities at all and as if slopping out is the only way prisoners can deal with their bodily functions. That is a travesty. There is ample access during the day to washing and toilet facilities."
Lord Justice Davis said, "The use of a bucket in a cell as a back up to the other entirely adequate sanitary facilities available doesn't even begin to constitute inhuman or degrading treatment."
Millions of pounds
If the appeal had been granted and the ruling had been overturned it is estimated it would cost £82 million pounds to update Albany Prison alone, now part of HMP Isle of Wight in Newport.