A leading civil liberties lawyer is concerned that there are endemic and unlawful delays in releasing people from Court, following their acquittal or successful bail applications.
Mike Pemberton, a partner at Stephensons Solicitors LLP and his Civil Liberties team, are now acting on behalf of individuals who have experienced unnecessary and unacceptable delays in being released from Court.
Mike Pemberton said: “Our experience shows that there are unacceptable delays in clients being released from Court promptly following acquittals or successful bail applications. This is a common problem, which can lead to long delays for acquitted people in regaining their freedom.
“The Ministry of Justice contracts the transfer of prisoners to and from Court to private security companies. Once the Court has ordered a person’s release - and if they are not to be legitimately detained in relation to another matter - then clearly that person should be released immediately. But in some cases, it appears that at least one of these companies has adopted a process whereby they contact the Prison Service, after the Court has ordered release, to double-check this.
“This is despite the fact that they should already be aware, from the time they collect the person from prison and receive his or her paperwork earlier in the day, as to whether or not there are any other orders/warrants requiring the prisoner’s detention to continue.
“In some cases, clients may be being detained unlawfully for a period of several hours following the Court’s order for their release and may, therefore, be entitled to damages.
“We’re currently bringing false imprisonment claims on behalf of clients who find themselves in this position.”
ENDS
- Stephensons’ Criminal Litigation department is recommended by the Legal 500, which says the firm has ‘scored some notable victories in criminal appeal cases, and its prisons and public law team has also been successful in a number of groundbreaking high-profile cases’.
- The firm has 30 partners and more than 350 staff in offices across Greater Manchester, Cheshire and Merseyside. For more information, visit www.stephensons.co.uk.
Media information: Lianne Tracey
Stephensons Solicitors LLP
Tel: 01616 966 229
Email: lianne.tracey@stephensons.co.uk