Category Archives: Judicial Review

Legal Challenge – but is there really a ban on prisoners having books?

The government’s so-called ban on prisoners receiving books is facing a legal challenge, with one prisons expert asserting there is no ban on books at all. The Ministry of Justice and secretary of state Chris Grayling have been criticised over the Earned Privileges Scheme, which sees prisoners banned from receiving books and other items in… Continue Reading

Duggan Family Legal Challenge To Go Ahead

Leading judges have given the go-ahead for a legal challenge over police practices linked to the shooting of a man whose death sparked nationwide riots. The decision by three Court of Appeal judges in London today follows an earlier High Court ruling which prevented the mother of Mark Duggan from seeking judicial review of guidance… Continue Reading

Supreme Court Rules Against Government Today – Twice!

Two important human right decisions go against the Government in the Supreme Court   Prisoner Oral Hearings http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2011_0147_PressSummary.pdf   Detained for three years without charge http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2012_0129_PressSummary.pdf   Full Judgments can be found here: http://www.supremecourt.gov.uk/news/latest-judgments.html   Continue Reading

RIP: Prison Law Legal Aid

By Andrew Sperling, Chair of Association of Prison Lawyers Legal aid for prisoners is under attack again and this time it may be terminal. The government’s proposals in a Consultation Paper called ‘Transforming Legal Aid’ are to remove legal aid for prisoners altogether except for parole, disciplinary hearings where additional days may be awarded or… Continue Reading

Government’s transfer to open prison policy: Unlawful

A policy that prioritised the transfer to open conditions of post-tariff prisoners ahead of pre-tariff prisoners was a breach of the Secretary of State for Justice’s duty to allow indeterminate sentence prisoners a reasonable opportunity to demonstrate to the Parole Board that it was no longer necessary that they should remain in prison. Failure to… Continue Reading

Death Row Briton Loses Funding Bid

British grandmother Lindsay Sandiford, 56, has lost her appeal over a UK Government refusal to fund her legal challenge against a death sentence imposed by an Indonesian court for drug smuggling. Her lawyers attempted to challenge a High Court ruling that the Government was not legally obliged to pay for “an adequate lawyer” to represent… Continue Reading

Court Refuses to Downgrade Cat A Jail Killer

A killer convicted of murdering a paedophile in a top security jail in Cambridgeshire has failed to persuade a High Court judge to soften his prison regime. Michael Cain complained that prison bosses had unfairly refused to downgrade his category A prisoner status. But Mr Justice Stadlen has refused to declare his grading unfair, after… Continue Reading

Ashfield Prison punished children unlawfully, High Court rules

A privately-run children’s prison unlawfully punished seven boys after they were involved in a protest over conditions on their wing, a High Court judge ruled today (Thursday 7 March). Ashfield Prison, near Bristol, also violated the right to a fair trial, protected by the European Convention on Human Rights, Mrs Justice Nicola Davies found. The… Continue Reading

BARRY GEORGE LOSES DANDO COMPENSATION CLAIM

Barry George, who spent eight years in prison after being wrongly convicted of the murder of TV presenter Jill Dando in Fulham, west London, has lost his High Court bid for compensation as a victim of a “miscarriage of justice”. Two judges rejected his claim that the Justice Secretary unfairly and unlawfully decided he was “not… Continue Reading

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