Following the Human Rights Act 1998 coming into force in the UK, Prison Law has developed into a specialised field of law and practice. 

Prison law embraces:

• Adjudication hearings following breach of Prison Rules, heard by a District Judge and generally involving advocacy only.

• Parole Board hearings dealing with:

-  Applications for recategorisation of a prisoner;

-  Release; and

-  Recall hearings following breach of licence condition,

all of which are generally heard by a 3 person tribunal comprising a Circuit judge, a psychologist or psychiatrist and a lay member.  These rarely involve the preparation of paperwork, but do involve the cross-examination of Prison officers and expert witnesses, generally psychologists and psychiatrists, and the presentation of the prisoner’s case.

• Judicial review of:

-  Parole Board paper decisions;

-  Parole Board decisions arising out of oral hearings; and

-  The application of PSOs and PSIs.

This will begin with a pre-action protocol Letter before Claim which is generally drafted by Counsel, as is the Response.  The hearing will be before a single judge of the Administrative Court and the remedies are generally to make orders either quashing or forcing a decision.

• Applications for habeas corpus.

• Representations to the Prisons Ombudsman.

• Representations to the Asylum and Immigration Tribunal in respect of deportation hearings.

Given the expanding prison population in England and Wales, the increase in legislation related to criminal justice and growing political and social concern about prisons, prisoners and the probation service, Prison Law has increased exponentially.  5 Pump Court has established a cadre of specialist and experienced Prison Law Barristers to undertake this demanding work.

Our team of Prison Law Barristers have considerable experience in all areas and at all levels and are prepared to travel over most of England and Wales to undertake this work.

Further, a barrister in our Prison Law Group is a contributor to Inside Time.

Our team of Prison Law barristers have considerable experience in all areas and at all levels and are prepared to travel over most of England and Wales to undertake this work.

Barristers within our Prison Law Group are regular contributors to our ongoing accredited seminar programme.

All barristers within the Prison Law Group are members of the Association of Prison Lawyers.