Prison Law

The need for effective legal representation does not cease when someone is sent to prison. The rights of prisoners are very important and the outcome of legal processes can have an enormous effect on the life of a serving prisoner.  This can determine matters such as what category of prison they should be in, when they are eligible for release, what rights and privileges they should enjoy while serving, as well as a whole host of other issues.

How prisoners are dealt with has changed massively over the years and never before have serving prisoners had so much recourse to legal processes to ensure fair treatment. The development of Prison Law has radically changed the treatment of prisoners and the prison system is now heavily regulated by the courts. Our team of advocates in the Prison Law department have been involved in this area of law throughout its evolution and are experienced in providing both advice and representation with regards to all aspects of this area of law.

One of the most obvious and the most fundamental decisions affecting a prisoner is a decision by the Parole Board. These decisions determine when, and on what terms, prisoners will be released into the community and so are obviously of the utmost importance to any prisoner and their family. While these decisions used to be made in private, without the prisoner having the opportunity to fully consider and challenge the information that it is based on, nowadays almost all decisions relating to release and recall are subject to an oral hearing. This means that prisoners, or those subject to licence, are able to obtain legal advice in advance of any such hearing and can have legal representation for the hearing itself.

We have a dedicated team dealing with such matters and are therefore able to provide you with advice and assistance throughout the process as well as giving you and your family peace of mind that your best interests are being served by an experienced professional. We understand that these decisions can mean the difference between freedom and incarceration and so we are dedicated to securing the best possible outcome for our clients in any given situation.

As well as Parole Board decisions, there are also many other decisions that can affect the quality of life for a serving prisoner during his term of imprisonment. For instance, decisions by prison governors can be challenged in certain circumstances and proper legal representation is essential in pursuing such a course of action. Sometimes, a letter from your legal team to the governor setting out the objection and making representations on your behalf will be enough for the governor to alter his decision. In other circumstances, these decisions can be challenged in the High Court by Judicial Review. Such hearings are highly technical and focus on procedure, fairness and on the decision making process itself. Accordingly, it is essential to have a legal team who are familiar with these processes and experienced in preparing and presenting cases to the High Court. Our team of advocates have been involved in advising on, and conducting, these types of cases for many years and so we have the experience to be able to quickly and confidently advise you on whether you may have recourse to such a procedure.

Furthermore, prisoners may be accused of some form of misconduct during their term and action may be taken against them in this regard. Of course, actions in prison may be prosecuted in the criminal courts in the usual way but, in many situations, breaches of Prison Rules or alleged bad behavior by a prisoner will simply give rise to an adjudication. For minor matters this may be dealt with by a prison governor but, very often, the matter will be dealt with by an independent judge. When this occurs, prisoners are entitled to legal representation and our Prison Law team is here to help.

We can advise you on the strength of the case against you, on the potential outcomes and discuss your potential options as well as representing you at the hearing. The lawyers in our Prison Law Team are experienced in dealing with all aspects of prison law, and are here to advise you and provide representation wherever needed. Most such matters which require legal advice will qualify for legal aid so consulting us shouldn’t cost you a penny.

If you want advice or assistance in relation to any such issues contact our Prison Law Department and get our expert team working for you.

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