Prisoner Rights in United Kingdom Jails
The High Court case was won on appeal and within a few years a raft of prisoner's rights had been established, that did not previously exist, including the right to legal representation, the right to judicial review by the House of Lords and the right for all decisions made by a prison Governor to be reviewed by the High Court.
The Human Rights Act 1998 which came into effect in the UK on the 2 October 2000 has further extended prisoners rights.
In all matter relating to prisoner rights it is advisable to be legally represented by a specialist prison law solicitor.
Parole Review and Parole Refusal A lawyer can assist by reviewing the Parole Dossier and a prison law solicitor can make personal representations on your behalf to the Parole Board.
It may be possible to challenge the Parole Boards decision by Judicial Review.
Re-Categorisation and Category A Prisoners Review A lawyer can review your categorisation and assist you to be re-classified where appropriate.
This is of particular importance to Category 'A' prisoners who have the least pleasant prison regime.
Release on Temporary License A lawyer can advise and assist on temporary release applications which may take one of three forms being compassionate licence, facility licence and re-settlement licence.
All inmates are entitled to apply for a re-settlement licence however it can be particularly useful to those who are serving more than 12 months but less than 4 years as they can apply for a re-settlement licence after one-third of the sentence has been served which can be 4 months before the automatic conditional release date.
Judicial Review Prisoner's rights are substantially strengthened by this legal process whereby almost all decisions that affect a prisoner can be challenged in the High Court using Judicial Review.
A prison law can act on behalf of any prisoner who has been unfairly treated.
Life Sentence Reviews All those serving a life sentence have the right to an oral hearing once the original tariff period has expired.
A lawyer represent you at the oral hearing and ensure that the authors of any reports that are on file are properly cross examined.
Human Rights The European Convention on Human Rights and the Human Rights Act 1998 provide for a prisoner to take action, in the UK courts, to claim compensation for any breach of human rights.
Licence Conditions and Recall Any decision by the Parole Board to recall should be challenged by an experienced solicitor immediately.
In addition any prisoner who is assaulted whilst serving their sentence either by a member of the prison staff or by another prisoner is entitled to representation to make a claim to the Criminal Injuries Compensation Authority.