All posts by Andrew Wesley/h3>

Experienced Newark crime solicitor Ian Carter recently took time out from his practise to speak with a number of A Level Law students studying at Vision West Notts College.

 

He had met both teachers and students at the school after manning a stall at the recent Newark careers fair.  They were keen for him to visit and give a talk on the ‘real world’ application of their studies.

Real life examples of advice in murder cases

They had begun to study the offence of Murder, and over the years Ian had provided advice and representation at the police station, as well as Magistrates’ Court advocacy and the preparation of cases for Crown Court trial.

Ian spent an hour with two different classes talking about how a solicitor first becomes involved in a case, the type of issues that arise at the police station, whether a client can be bailed, and how the case will then progress through the court process.  He was then able to answer questions from the students.

Positive Feedback from Students

The presentations received positive feedback.  The students felt that he had made the talk very interesting through his explanations of real cases.  Ian provided a good insight into the role of a solicitor and how he fits into other aspects of the legal system.  The examples that he gave allowed the students to put the law that they had learned into a real context.

The students admitted that they had been concerned that the presentation would be a little ‘dry’ but in the end, as is often the case, they were ‘hooked’ on the stories behind real cases.

As the course progresses it is hoped that Ian will be able to give further talks to add some colour to the students academic studies.

Contact Ian Carter to discuss similar presentations

If you are involved in education and such a talk might be helpful to your students, whether sitting GCSEs or A Levels, or are in further education, please contact Ian Carter using the form below.  We hope to be able to help and can discuss arrangements when we receive your enquiry.

All posts by Andrew Wesley/h3>

Nottingham prison law specialist Irene Tolley finally secured release for a client at his seventh parole review.  Irene was introduced to the client at HMP Ranby through recommendations by other inmates in time for the final review.  Although he had representation during previous reviews, these had been without success.

Twelve years over tariff

Irene’s client was serving an automatic life sentence.  He had been sentenced in 2001 and his tariff was set at five years less the time he had served on remand. His tariff had expired in April 2005 therefore by the time Irene became involved he was more than twelve years over tariff.  He had served sixteen years because of problems with his sentence progression.

Irene receiving instructions then submitted an application for an oral hearing and this application was granted.  The panel chair was a retired Crown Court judge and Queen’s Counsel.

Bearing in mind the passage of time Irene’s application on behalf of her client was that he be immediately released.  Unfortunately, nobody involved in her  client’s assessment was supportive of such a suggestion.  This included the offender supervisor, offender manager and prison psychologist.

Although the application had been prepared and submitted in good time, it had not been passed onto the panel chair or offender manager.    Directions had been given previously for the offender manager to provide a full risk management plan but this plan had not been prepared.  This made matters difficult for the panel because they would have to consider release conditions.

Strong and persuasive arguments

Irene put forward strong and persuasive arguments on behalf of her client in order to try and secure his release:

• he  had simply been in custody too long
• he had been let down by the prison system with regard to courses and as a result three years were wasted in terms or progression to release
• there was a real concern that if open conditions were recommended then he may not have a risk assessment within a three month period at that establishment
• his current offender manager would not be able to carry out an assessment because his involvement was to cease
• there was no information as to who the new offender manager would be or when they would be allocated
• as a result there was a realistic possibility that his case would not have moved on any further by the next review date in terms of risk assessment

Despite the fact that there was no risk assessment, the panel were persuaded that Irene’s client should be released into supervised accommodation with only three additional licence conditions.

Irene’s client will no doubt be very pleased with the outcome of the this hearing, and will finally be able to continue with his rehabilitation within the community.

Instruct a prison law specialist

This case demonstrates that having the benefit of a specialist prison law adviser can persuade bodies such as the Parole Board to make decisions that are somewhat unusual.

Contact Nottingham prison law specialist Irene Tolley if you, a family member or friend need the benefit of her advice.  She can be contacted by telephone on 0115 9599550 or by post at the Nottingham office.  Alternatively you can use the form below.

All posts by Andrew Wesley/h3>

Derby prison law solicitor Rosamunde Benn represented a client at adjudication at HMP Stoke Heath.  The client then took the time to provide favourable feedback on the representation that she provided him.

Representation at an independent adjudication

Rosamunde’s client had been charged in the prison with using threatening, abusive or insulting words or behaviour contrary to Prison Rule 51, paragraph 20.

Some information from the Howard League for Penal Reform about the use of adjudications since 2010 can be found here.

While attending education her client was alleged to have called the officer a ‘sausage’.  He then told the officer to  ‘shut up’.  He was said to have made a further threat that he would ‘see you on the other side of those gates’.  Comment was also made that the teacher was afraid.

Our client denied making any such threats.  He was also able to offer a witness to the incident who would support his account.  In essence, he claimed that the incident had been blown out of all proportion.

Rosamunde’s client entered a not guilty plea and then the officer gave evidence.  Our client then gave his evidence and so did his witness.

The District Judge presiding over the adjudication did not find the charge proved because of the witness evidence.   He stated that although he found that the officer had given good evidence, the witness had given credible evidence as well.  He could not be sure that our client’s conduct was in breach of the rules so dismissed the charge.

Positive client feedback

At the conclusion of his case, our client took the time to offer positive feedback.  The feedback was all the more pleasing because he had not used VHS Fletchers before.  He stated ‘I was treated very well and would pass on how great your service is‘.  He then said ‘I was very pleased how well you came across.  Your advice and demeanour was great’.

When asked whether he had any suggestions that might help improve the level of service that we provide he replied ‘I do not have anything to say.  You are by far the best I have used’.

Instruct a Derby prison law solicitor

If you, a family member or friend require advice about any aspect of prison law then please get in touch with Derby prison law solicitor Rosamunde Benn.  She can be contacted by telephone on 01332 546818 or by using the form below.

Many aspects of the law remain in the scope of the legal aid scheme so advice will be free.  If not we aim to offer affordable fixed fees so that all prisoners have access to professional prison law advice and representation.

All posts by Andrew Wesley/h3>

Senior Crown Court litigator Sarah Lees-Collier recently represented a client charged with conveying prohibited articles into prison.  In this case it was cannabis and mamba, List A and List C items.

Sarah’s client was in a difficult position because the sentence for such offences is almost inevitably a prison sentence.   In this case his position was worse as he had been convicted before of a similar offence.  In that case he had received a six month prison sentence.  As a result, if convicted , prison would seem inevitable.

Detained with Cannabis and Mamba

Sarah’s client had attempted to enter Nottingham Prison with two wraps of what he thought was mamba in his underwear. He was stopped because a  sniffer dog indicated that he ought to be searched.  When the items were discovered he immediately said he believed it was mamba.  When it was tested only one wrap was found to contain mamba.   The other contained cannabis although the wraps looked very similar in appearance.

The difference was potentially important in terms of sentence.  Cannabis was a List A article, whereas Mamba was not.  The maximum sentence was 10 years in prison, whereas the penalty for a List C article was a fine.

The prosecution was persuaded that  Sarah’s client could be sentenced on the basis that he believed that he was bringing a List C article into the prison.  Despite his record the court was persuaded to adjourn the case for a pre-sentence report.

At our client’s request, we instructed counsel Ben Isaacs of 7 Bedford Row Chambers.  Following extensive mitigation  the Judge was persuaded that the inevitable prison sentence could be suspended.  He received an 8 month prison sentence suspended for 18 months with community elements because of these arguments.

The Current Law on Conveying Prohibited Articles into Prison

Once an individual had knowingly conveyed a package containing any prohibited article into prison he was criminally liable for the contents.   As a result, a person will bear the risk of a significant sentence even when they thought that they were bringing in a less serious, List C item.

Their belief is likely to be important mitigation, but cannot be a defence.

Contact Crown Court Litigator Sarah Lees-Collier

If you face an allegation of conveying prohibited articles into prison or any other criminal offence then please contact Sarah.  She can be reached at our Nottingham office on 0115 9599550 or alternatively you can contact her using the form below.

All posts by Andrew Wesley/h3>

Prison law specialist and departmental manager Irene Tolley secured a transfer to open conditions directly from the high security estate in a very complicated case before the parole board.

Her client had originally been serving a life sentence for an allegation of conspiracy to murder.  The minimum term imposed in 2009 was one of 17 years.

He had initially been a Category A prisoner.  Irene had earlier been successful in persuading the Category A board that his categorisation be downgraded to Category B.

Irene’s client had maintained his innocence in relation to the allegation of conspiracy to murder so he appealed the conviction. The Court of Appeal directed a re-trial and he was acquitted.  Although appeals against conviction for the robbery matters were refused, a sentence of Imprisonment for Public Protection was imposed instead with a minimum term of 7 years.

Oral hearing before the Parole Board

Immediately following the successful appeal, Irene made representations that her client needed the benefit of an oral hearing. Because of the complications his case should not be dealt with as a paper review.

She requested that his oral hearing be brought forward to take into account a significantly reduced minimum term.  As a result, his oral hearing was heard just a fortnight after the expiry of his tariff.

Joint Representation with Queen’s Counsel

As the history of the case was complicated, Irene contacted counsel James Wood QC because he had undertaken the successful appeal on behalf of her client.  Irene had worked with counsel on many occasions over a 30 year career in criminal representation and prison law.  As a result he agreed to jointly represent their client at the oral hearing.

Neither release or open conditions were supported by the offender supervisor, offender manager or psychologist.  Application was made on his behalf for release despite the fact that our client was still in the high security estate.  The report writers were of the view however he ought to remain in closed conditions in the Category B estate.

Full argument was made to the panel on his behalf, with additional argument that if the panel did not agree with release he still ought to be moved to Category D open conditions.

Recommendation of move to open conditions

After argument from both lawyers the parole board decided to recommend a move to open conditions.  This has now been approved by the Secretary of State.  A further review was set for 15 months time to allow for resettlement and further risk assessment. Bearing in mind his good progress in prison so far, despite his sense of injustice, it appears likely that following compliance he will be released following the next review.

Appropriate representation and argument was provided on behalf of our client by both Irene and Queen’s Counsel.  He was very pleased with the result.

Contact prison law specialist Irene Tolley

If a friend or family member needs advice in relation to any aspect of prison law then please contact us.  Legal aid is still available for many aspects of prison law including parole board hearings.  If legal aid is no longer available then we will discuss the possibility of representation under an affordable fixed fee.

Irene can be contacted on 0115 9599550 or you can use the form below to contact us.