Prison Law
We are able to &represent the rights of prisoners or their families through the whole spectrum of issues that may arise within the prison system. In that respect involvement with clients does not necessarily end after sentencing.
Our Prison Law team is able to respond on a national basis and can assist and support prisoners through the processes that may arise and provide prison rights advice in areas such as:
- adjudications
- categorisation
- parole
- disciplinary hearings
- judicial reviews
- human rights
- lifer issues
- female prisoner matters
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The decision of the Independent Adjudicator at HMP Rye Hall was recently successfully challenged.
A Muslim prisoner had been found guilty of disobeying an order to provide a urine sample for drug testing purposes at a time when he was fasting, resulting in a further 14 days imprisonment.
The Secretary of State for Justice acting for the Independent Adjudicator had argued that it was proportionate for the prison to interfere with the prisoner’s rights under Article 9 of the European Convention on Human Rights but the High Court quashed the guilty finding and the imposition of the additional 14 days imprisonment.
This case emphasises the need for prisoners to seek representation when appearing before the Independent Adjudicator.
The firm recently applied on behalf of a client to Judicially Review a decision of HMP Manchester to refuse to allow the client's wife to visit him whilst he awaits trial on remand. The prison had refused his right to visits on the basis that in this case a National Security issue was raised (the client is a High Risk category A prisoner). The application to the High Court to review this decision made by Damian Wall representing the client was on several grounds, including our clients Right to Private and Family life under Article 8 of the European Convention of Human rights.
As a result of the application the Governor of the prison reversed the decision and the right was re-instated. The decision has impacted on other prisoners at the prison in a similar position who have also had their visiting rights re-instated as a direct result of our action.
Email us at: prisonlaw@burtoncopeland.com
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