Prison Law
Your human rights do not expire upon being admitted to prison. This may seem obvious but for many people who find themselves within the prison system it is a point worth repeating. The treatment of those in prison has changed in many respects in recent years as a result of successful legal challenges. Rights which were frequently infringed in the past are now adhered to or subject to regulation by the courts.
One of the most important changes relates to decisions made by the Parole Board. Decisions used to be made in private and often on the basis of inaccurate documentation which could not be checked by the prisoner in question. Now most important decisions relating to release and recall are subject to an oral hearing. This also means that prisoners have the option of obtaining legal advice and representation before the Parole Board.
Decisions made by prison governors can be challenged if the correct procedures are not followed. Sometimes a solicitor’s letter, reminding the Governor of the correct procedure is enough to correct the mistake. This will not always be the case and occasionally it is necessary to challenge a decision before the High Court by way of Judicial Review.
Offences or breaches of the Prison Rules committed by prisoners may give rise to an adjudication hearing. Simple matters may be dealt with by the prison governor. More serious matters, where the imposition of added days may result, must be dealt with by an independent judge. Any prisoner appearing before an independent judge is entitled to legal representation.
The lawyers in the Prison Law department at Hamnett Osborne Tisshaw have experience in advising on the above issues. Most matters requiring legal advice in prison will qualify for legal aid. You should contact Rod Hayler, who heads our prison law department, if you require advice on any of the following issues:
- Prisoner's Rights
- Adjudication
- Release on Licence
- Parole Issues
- Recall
- Allocation and Transfer
- Categorisation
- Lifer Sentences
If you are a long term prisoner we would advise that you contact us even if you do not have a particular issue or complaint at the moment. Together we can review your sentence plan as it may contain inaccurate information about you or it may set unrealistic targets which could harm your chances of release in the future. It is sensible to correct such issues at an early stage so that you may progress through the system and be released at the earliest possible opportunity.
Hamnett Osborne Tisshaw is an accredited firm with the Institute of Prison Law.
