Prison Law Case Examples

A prisoner was denied a reduction in category from category "C" to "D" thereby preventing a transfer to open prison/conditions because he was not past his Release on Temporary Licence (ROTL) date. This decision was challenged and overturned using the correct prison law PSI. The impact and benefit for the prisoner and family was significant as open prison provided the opportunity to work and have home visits.

A prisoner was charged with an offence under Prison Rule 51 which after written representations were made was dismissed because the formal process contained in Prison Service Instructions (PSI) 05/2018 was not followed correctly.

A prisoner was not automatically entitled to HDC under the guidelines but was a 'presumed unsuitable' prisoner due to his circumstances and the nature of his offence. After written representations he was subsequently released early on HDC for the permitted statutory period (135 days) based on the discretion available within the guidelines.

Are you getting adequate help from your offender supervisor, probation officer or key worker with your sentence plan in terms of objectives identified and to be achieved for the necessary progression in custody. Often a requirement before granting parole, 'D' Cat or employment or re-settlement benefits.  We have been involved in many cases where sentence planning has been neglected or applied inappropriately causing a refusal to grant 'D' Cat and transfer to open conditions.

If you have a confiscation order requiring the sale of assets/property, If you have new or outstanding charges for other offences. If you need legal representation in divorce or custody proceedings, we can help you with basic advice and arrange legal representation for you if required in these and many other types of matters.