Legal Definitions - squalor carceris

Squalor carceris is a term from Scots law that refers to the strictness or rigor of imprisonment, particularly when used as a means to compel a debtor to pay a debt or disclose hidden assets. It describes the degree of restriction imposed on an individual's liberty, not necessarily the physical conditions of the prison itself, which are understood to be lawful and not inherently squalid or unhealthy. The purpose of this strictness is to exert pressure on the debtor to fulfill their financial obligations.

• Example 1: Commercial Debt Enforcement

  A business owner in Scotland owes a substantial amount to a supplier. Despite court orders, the owner refuses to pay or provide an accounting of their assets. A court might then order their imprisonment under squalor carceris. This means the owner would be held in a facility where their freedom of movement, access to external communications, and daily routines are significantly restricted, not as punishment for a crime, but specifically to create an incentive for them to either pay the debt or reveal the financial resources they possess.

• Example 2: Compelling Asset Disclosure

  Imagine an individual who has lost a civil lawsuit and is ordered to pay damages, but the court suspects they are deliberately concealing their wealth to avoid payment. If the court orders their imprisonment based on squalor carceris, the conditions of their detention would be designed to be sufficiently rigorous – perhaps limiting their ability to conduct business or enjoy personal comforts – to compel them to disclose their true financial situation and settle the judgment.

• Example 3: Enforcing Support Payments

  Consider a situation where a person is legally obligated to pay spousal support following a divorce but consistently defaults on payments, despite having the means. A Scottish court could issue an order for their imprisonment under squalor carceris. In this context, the "strictness" would involve their confinement with limitations on their activities and privileges, aimed at pressuring them to meet their ongoing financial responsibilities rather than simply punishing them for non-payment.