Civil liberties - prison law

Our civil liberties department undertakes a variety of prison law work, including advising both indeterminate and determinate sentences*. We aim to ensure that an individual’s Human Rights are maintained through our extensive knowledge of the Human Rights Act.

The department has been carrying out work in this field for nearly 10 years working closely alongside our nationally renowned appeal’s team.

Areas of specialism

Sentence planning and advice
Parole board representation
Recalls to custody
Category A representation
Advice on re-categorisation
Minimum term representation
Adjudications (hearings for alleged breaches of prison rules)

The team regularly advises on Judicial Review applications to the High Court having a wealth of experience and connections with leading Barristers chambers in Manchester and London. It is understood that shortly following the opening of the Administrative Court in Manchester; the team was responsible for nearly 10% of the cases issued in the first month. The team have pursued cases as far as the House of Lords and European Court of Human Rights.

The team are members of the Association of Prison Lawyers, Inquest Lawyers Group, Manchester Prison Law Practitioner Group and Prison Lawyers Advisory Group, meaning that they have regular and updated knowledge on key issues affecting the work.

The prison law team offer advice, support and expertise when it is needed in an efficient and understandable way.

Cases of interest include

R (on the application of Lee) -v- Secretary of State for Justice [2009] UKHL 22

R (on the application of Wilkinson) -v- Secretary of State for Justice [2009] EWHC

The Queen on the application of Jeffery Lee and Nicholas Wells -v- Secretary of State for Justice

R (Allen, formerly Harris) -v- Secretary of State for Justice

R (on the application of Brooke & Ors) -v- The Parole Board & Anor (2008) EWCA Civ 29

The Queen (ota Michael Brooke, Gagik Ter-Ogannisyan, David O'Connell and Michael Murphy) -v- The Parole Board and Secretary of State for the Home Department (2007) EWHC 2036, 2037, 2038

R -v- Caines [2006] EWCA Crim 2915

R (on the application of Murphy & LB) -v- Secretary of State for the Home Department

R (on the application of Spinks) -v- Secretary of State for the Home Department Court of Appeal (Civil Division)

R (on the application of AT) -v- National Probation Service

R (on the application of Cole, Hawkes & Rowland) -v- Secretary of State for the Home Department

*Indeterminate sentences have a minimum sentence handed out and the defendant must satisfy the authorities he or she is fit for release and does not pose any threat to the community. Determinate sentences are defined by law and are resolute, the judge and jury do not set the sentence it is set by statue and cannot be lessened by the judge only added to.

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