Outdoor exercise in prison: yard time, fresh air and lockup hours
Outdoor exercise, yard time and lockup hours in Austrian prison: how restrictions should be documented and legally reviewed.
Mag. Christopher Angerer, Rechtsanwalt
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Outdoor exercise is part of daily prison life and more than an organisational detail. If yard time or time in fresh air is repeatedly cancelled, severely shortened or poorly documented, it can become a legally reviewable issue.
This article distinguishes ordinary daily routine from leave, temporary release and other prison privileges. It focuses on daily schedule, lockup hours, documentation and whether an application or complaint may be useful.
How restrictions on outdoor exercise can be assessed
The decision tree separates cancellation, shortening, lockup time and complaint preparation.
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What is the problem with time outdoors?
Choose the point that best describes the situation.
Overview of all answers.
Record duration exactly
Show the daily routine
Clarify complaint aim
Yard time is not the same as prison leave
Yard time is not the same as prison leave
Yard time and outdoor exercise concern the ordinary routine inside prison. Leave, temporary release and privileges are separate issues with different requirements. This distinction matters because otherwise the wrong legal standard is used.
A person complaining about yard time does not need to explain why they should leave the prison. The issue is the daily possibility to leave the cell, move and get fresh air. The imprisonment overview places this right in the wider prison routine.
Record cancellations, duration and lockup hours
Record cancellations, duration and lockup hours
Concrete data matter. On which days was there no yard time? How long did it actually last? What reasons were given? Did the restriction apply to everyone or only one person?
The connection with lockup hours is particularly important. Anyone spending almost the whole day in the cell and rarely going outdoors should record the daily routine over several days. That shows whether the problem is exceptional or structural.
What section 43 StVG requires for outdoor exercise
What section 43 StVG requires for outdoor exercise
Section 43 StVG gives prisoners who do not work outdoors the right, subject to suitable weather, to spend one hour outdoors every day. For other prisoners, the right applies on non-working days. The prisoner’s state of health must be taken into account. Outdoor time must be extended where this is possible without impairing the remaining service and order of the prison. Sport must be permitted within the available facilities and where appropriate for the prisoner’s age and health.
This rule still requires a review of the concrete circumstances. For a cancellation or shortening, record weather, work assignment, health, prison operations and the actual duration. A request under section 119 StVG or a complaint under section 120 StVG must identify and state the reasons for the concrete event. A complaint does not generally suspend the measure.
When a request or complaint may be useful
When a request or complaint may be useful
A factual request can be the first step. It should not generally demand better conditions but ask for concrete remedy: regular outdoor exercise, understandable reasons for cancellation or review of special burdens.
If the situation continues or no understandable answer is given, a complaint can be checked. Duration, intensity, effects and previous internal steps must then be described. Where accommodation is also an issue, the record of detention conditions may add important context.
Which details matter for yard time
The table helps prepare a factual review.
| Point | Record | Why it matters |
|---|---|---|
| Cancellation Date and stated reason | Shows frequency and pattern | Basis for request |
| Duration Start, end and actual minutes | Makes shortening measurable | Comparison over days |
| Lockup Hours in cell and daily routine | Shows total burden | Connection with health |
| Response Report, answer and remedy | Documents internal clarification | Important for complaint |
Practice point: For yard time, calendar and clock are often more important than long descriptions. Repetition makes the pattern visible.
Frequently asked questions on yard time and outdoor exercise.
Is yard time a prison privilege? +
No. Yard time and outdoor exercise belong to daily routine inside the prison. Leave and temporary release must be distinguished from that.
What if yard time is cancelled? +
Date, time, reason, duration and affected persons should be recorded. Then it can be checked whether a request or complaint is useful.
Do lockup hours matter? +
Yes. Lockup hours, cell conditions, work, leisure and health form the daily routine together. The total burden is important for review.
How much outdoor time does section 43 StVG provide? +
For prisoners who do not work outdoors, section 43 StVG generally provides one hour outdoors every day in suitable weather. For other prisoners, the right applies on non-working days. The concrete situation and state of health still need to be considered.
Which documents are useful for a review? +
A daily record showing start and end of yard time, cancellation days, stated reasons, the work schedule, health effects and responses to earlier requests is useful. It allows the event to be assessed in its factual and chronological context.
Related articles on prison routine and privileges
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