Prison Law
If you find yourself in custody perhaps facing a long sentence you may feel that you have no rights and that you are struggling against the Government and a huge Institution. We are here to support and advise you and ensure that we protect your interests and enforce your rights.
More often than not Legal Aid is available to enable you to pursue those rights and we will let you know where you stand. Contact us if you have any issues such as:
- Appeals
- Prisoners Rights and Prison Rules
- Adjudications
- Allegations concerning Prison Staff and other Prisoners
- Categorisation
- Life Panels and Discretionary Lifer Work
- Licence and Parole Reviews
- Drug Testing
- Hospital Attendance, Escorts and Compassionate Release
- Transfers and Allocation
- Judicial Review
- Prisoner Families Issues Including Contact with Children
- Deaths in Custody and Inquests.
Appeals and CCRC
It maybe possible to appeal a conviction if it was unsafe. A case maybe found to be unsafe if new matters come to light after Trial or the law was incorrectly applied.
You can also appeal against sentence if the sentence that was imposed was manifestly excessive.
There are time limits to the making of any appeal and if there has been a significant delay an application to appeal maybe ruled out of time. However, an appeal against conviction or sentence can be made at any time if sufficient explanation can be made for delay. If you wish to make any appeal you should contact us as soon as possible. Appeals can be made to the Crown Court from the Magistrates Court or to the Court of Appeal or the Criminal Cases Review Commission (CCRC) from the Crown Court.
We will consider your case and advise you fully and honestly on your prospects of success.
Adjudications
Those in custody may face allegations of having breached prison rules. Such breaches may be subject to disciplinary proceedings. We can represent you in those proceedings to ensure that if you are innocent then you do not face punishment and if you have broken prison rules that the punishment is not excessive or unfair.
Categorisation
After an initial assessment category status for prisoners is reviewed regularly. If you are seeking to be re-categorised to a lower category prison we would advise you to immediately contact us. Similarly if you find that you have been re-categorised adversely then again please call us so that we can investigate. Changes in categorisation can be appealed.
Licence and Parole
Following conviction and receiving a custodial sentence prisoners may apply to the Parole Board for early release. There are different provisions dependant upon the sentence as Prison Law Solicitors we are experts in this field and we can guide you through the process to ensure that your application goes before the Board and that you are represented to ensure the best prospects of success.
Lifers
There are a number of life sentences set by the Courts and in addition there is imprisonment for public protection or IPP. There are two steps towards a review first is paper based and then secondly there is an oral hearing. We can help in relation to both of these.
If you are entitled to review and wish assistance in preparing for either paper review or oral hearing we are happy to attend upon you to put your case fully and fairly to ensure the best chance of success in either instance.
Judicial Review
Decisions made by public bodies including the Courts and Prisons can be challenged by Judicial Review. This is a civil law application made to the High Court. Legal Aid is often available. There is a 3 month time limit for the filing of cases. We will advise you if decisions made about you have been made in excess of the Prison or Court powers and fully represent you in the hearing to ensure that you are dealt with justly.
Recalls
Prisoners who are released on licence maybe subject to recall. Recalls are initiated by the Probation Service and result in a return to prison. Recalls maybe challenged and so if you feel you have been dealt with unfairly please contact us urgently.
Violent Offender Orders
This new anti-social behaviour style civil order came into effect on the 5th August 2009. The orders that are put in place are to restrict the movements of those people released from prison who are considered to be violent or dangerous offenders. Orders may include banning people from certain places or from contacting specific people.
These orders will last for periods of 2-5 years. People who are subject to such orders are required to pass to Police details of any changes of circumstances including changes of name, address or travel abroad. Breach of a Violent Offender Order or (VOO) can carry a term of imprisonment of up to 5 years. Any person who has received a prison sentence of 12 months or more for offences such as manslaughter, attempted murder or GBH (S18) are eligible to be placed on a VOO.
Legal Aid will be available for representation both on the making of these orders and on breach subject to means testing. If you think you maybe subject to such an order or you wish to have more information in general please contact us.
