Crime Solicitors

In summary, criminal legal aid for prison law matters has changed in relation to the following areas:

(1) Treatment;
(2) Sentencing;
(3) Parole Board hearings;
(4) Adjudications.

Treatment

"Treatment" encompasses the following:

Communication;
Visits;
Living conditions.

There will no longer be any criminal legal aid for these matters. The Ministry of Justice advises that these grievances should be resolved by the Form COMP process.
Sentencing

The following still falls within the scope of criminal legal aid:

Release date calculation issues;

Parole Board hearings

Parole Board hearings fall within the scope of criminal legal aid only in those cases where the Board has the power to direct release. Hearings where the Board merely has the power to recommend transfer to open conditions without the power to direct release are no longer covered by criminal legal aid.

Adjudications

Criminal legal aid is now only available for the following disciplinary issues:

(1) If the is referred to an Independent Adjudicator or;

(2) In Governor only hearings where the Governor decides that the Tarrant criteria is met.

Although limited, there is still scope for your voice to be heard and challenges to be made against the Prison Service and the Parole Board. Do you have an independent adjudication or have you been granted representation via the Tarrant Criteria? Do you feel your sentence dates have been calculated wrongly? Do you feel the Parole Board unfairly refused you progression or unlawfully refused you an oral hearing? Have you been recalled back to prison? Been given your recall papers on time? Had a timely recall review? Had the chance to put forward your case? These matters are still important and we can still help you. If you want your voice heard then contact Amee Patel for immediate telephone advice. She has 7 years experience in Prison Law and Public Law matters. Duncan Lewis gives people a voice. Amee is here to give you a voice. Call her now on 0203 114 1229.

In addition, Judicial Review is still available on all areas still covered by Criminal Legal aid. It is still available on:

1. Sentence Calculation Issues

2. Parole Board decisions where they have the power to consider release

3. Independent Adjudication decisions

4. Adjudication decisions through the Tarrant Criteria

Alternatively, there is still Civil Legal Aid available at Duncan Lewis for a limited number of cases where Criminal Legal Aid is no longer available such as return from open conditions to closed conditions, upgrade in security category, general prison treatment cases and closed visits. We can assess the merits on your case and provide you with initial advice on whether or not you have a case which is worth pursuing so please don’t hesitate to contact us if you believe you have any concerns about your current situation.

About the Author

Amee Patel qualified as a Solicitor in August 2009 and specialises in Prison law and Public Law matters generally advising those who face the challenges of the Prison system.

Amee joined Duncan Lewis Solicitors in March 2014 with 7 years of Prison and Public Law experience. Amee is also a Prison Law Accredited Supervisor and has spent the last 3 years supervising other members of staff.

She handles a wide range of cases and undertakes her own advocacy for Prison Law hearings. The majority of her clients are vulnerable prisoners who require much needed care and attention and also a degree of sensitivity in terms of their legal work.

Amee has successfully handled a range of cases in relation to Judicial Review. These cases have increased the rights of prisoners and made a material difference to their sentence progression. Amee is a passionate advocate and is committed to fighting to ensure that prisoners can progress through the prison system.