INCREASE IN THE SCOPE OF LEGAL AID “SURELY SOME MISTAKE”

Written by Sian Hall
February 10th, 2018

As of late February this year legal aid will again be available for prisoners facing certain types of adjudications and applications from which it had previously been withdrawn.

Life sentence prisoners and IPP prisoners facing pre-tariff review hearings will again be entitled to fully prepared representation at oral hearings. These are essential in assisting prisoners in working towards release and ensuring, for example, that they are moved to open conditions at the earliest opportunity. There is much to be considered, reports and other evidence to be obtained and representations not only to be put forward but argued most strenuously.

Legal aid will also be available to prisoners held in Category A conditions, who have the chance of re-categorisation. The extreme restriction on liberty involved in being a Cat A prisoner is now understood to be something that ought to be capable of challenge with the benefit of assistance in preparation and representation at any relevant hearings.

Finally, legal aid will also be available to those wishing to challenge detention in a closed supervision centre. These “prisons within prisons” are often used to house prisoners convicted of terrorist offences. The conditions within CSC’s and the general circumstances of the regime are thought now to be ones which should be capable of challenge with the benefit of a fully prepared representation.

The thought of any these categories of prisoners being dealt with without representation is startling abhorrent. It has to be good news that all of those, in these particular circumstances, can now be dealt with in a fair, just, and acceptable way. We are delighted to say that our Prison Law Department now has seven keen members, all are fully committed to embracing the challenges that the new legal aid regulations will inevitably bring.

Do not hesitate to contact us at any time on (0115) 941 9141 and ask either for Digby Johnson or the Prison Law Team.

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Categories: Prison Law

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