Prison Law FAQ
What is prison law?
Prison law comprises all the rules, regulations, Prison Service Orders and
legislation that prisoners are subject to in jail and also the licence conditions they must abide by when in the community under supervision.
What types of prison law do we practice?
James Murray Solicitors offers a comprehensive Prison Law service including the following:
• Independent Adjudications – If you have been charged with an offence against prison discipline and are being brought before the Independent Adjudicator, then you are entitled to legal representation and we can provide this for you at your hearing inside the prison.
• Parole Board Hearings – If you have an oral or paper hearing before the Parole Board, we can often provide representation for you and draft legal arguments on your behalf so that you might receive early release or re-release from custody.
• Recall Cases – If you have been recalled back to prison because of an alleged breach of your licence conditions, then we can apply to the Parole Board for re-release before your sentence expires.
• Re-Categorisation – You are entitled to re-categorisation hearings at regular intervals and you may be eligible for open conditions. We therefore petition the Prison Service on your behalf requesting you be transferred to an open jail.
• HDC – Contact us as soon as possible if you wish to apply for early release subject to tagging conditions (HDC).
• IPP/Life Sentenced Prisoners – We offer extensive advice, assistance and representation throughout the duration of your sentence and can assist you in your sentence planning matters, requests for open conditions and eventual application for re-release.
• Judicial Review/Human Rights Issues – If you have been the subject of an illegal, irrational or procedurally improper decision by the Parole Board, Prison Service or Probation Service, then you may qualify to judicially review this decision. We can make this application on your behalf.
• Remission – If you have had days added to your custodial sentence as a result of independent adjudications and have been adjudication-free for six months, we can apply to the prison for some of these days.
What is an Adjudication?
An Adjudication is a hearing that takes place within the prison to look into an allegation of an offence against prison discipline. This could be having something in your possession which you are not allowed to have, providing a positive drug test or refusing an order put to you by a member of prison staff.
If the adjudication charge is to be dealt with by a Prison Governor, then you are still entitled to advice and assistance from a Prison Law provider. In fact, an application can be made by ourselves to the Prison Governor, under what is called the Tarrant Principles, for legal representation to be granted in your case, which would mean we would be able to speak on your behalf at the hearing.
If the adjudication charge has been forwarded to the Independent Adjudicator, then you are entitled to legal representation.
We consider ourselves to be highly knowledgeable in the Prison Law rules and procedures that the prison must abide by for a charge to be lawful.
We would therefore always advise you to contact ourselves if you are subject to an adjudication charge, as we might be able to secure a dismissal for you if these rules and procedures have not been complied with.
How can I be released from prison as early as possible?
You may be eligible for HDC (Home Detention Curfew) which would mean you would be released on tag and subject to supervision requirements. Usually, most prisoners serving sentences of under 4 years are eligible for this scheme.
If the Prison Service advises you that you are not eligible, then an application can still be made for HDC release subject to exceptional circumstances.
We would therefore strongly advise you contact our Prison Law team for further information and advice in this regard.
If you have had Independent Adjudications during your sentence and had additional days added by the Independent Adjudicator, then provided you have been adjudication-free for six months (four months if you are a Young Offender) then you might be eligible for some of these days to be subtracted from your custodial sentence.
Contact our offices immediately and we will draft representations on your behalf and issue them to the prison for their consideration.
Am I eligible for open conditions?
Every prisoner is eligible for a re-categorisation application at regular intervals.
If your sentence is over four years, then you are entitled to a re-evaluation every 12 months and this figure is 6 months if your sentence is under four years.
We can offer legal arguments to the Prison Service explaining why you should be downgraded in category.
This might mean that you are re-categorised to open (D) conditions where you might receive home leaves and be allowed to attend work placements outside of the prison.
Please contact our Prison Law department as soon as possible for more advice in relation to these matters.
