Prisoners' Rights

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Doughty Street Chambers is the home of prison law. Our practitioners have been involved in most of the leading cases over the last twenty years from Findlay, Doody, Simms and O'Brien, Daly, Smith and West and Anderson to Stellato, cases which not only expanded the rights of prisoners but frequently advanced the development of public law itself.

Through the extraordinary work and commitment of Edward Fitzgerald QC, what was once an esoteric area of public law has developed into a distinct specialism covering every aspect of the exercise of state power over the lives of prisoners.

We offer representation at all levels of practice from silks to the most junior tenants. Together with unrivalled experience and expertise in prison law, our members also specialise in other related fields. With this diverse set of skills we are able to deal effectively with any issues that arise from judicial review and human rights claims, adjudications, parole board hearings, civil actions against the detaining authorities, discrimination claims, inquests, data protection, freedom of information, inquests, clinical negligence and personal injury claims, and public inquiries. Our judicial review work covers the entire spectrum of decision making within the prison estate ranging from categorisation, parole, ROTLs, offending behaviour work, closed visits, transfers within and out of prison, for example, to hospitals and resettlement.

Most practitioners are identified as leaders in the field of administrative law, civil liberties and police law in Chambers & Partners, with descriptions ranging from "a fantastic driven advocate with an amazing brain", "one of the best silks for police and prison law", to "simply brilliant" - no one can compete with her when it comes to prisoners' rights'.

Team Members

Cases

Notable cases include:

• R (Stellato) v SSHD [2007] 2 AC 70. Appeal against the Home Secretary's attempts to give retrospective effect to the more stringent recall provisions contained in the Criminal Justice Act 2003
• R (Smith) v SSHD [2006] 1 AC 159. Need for continuing review of minimum term for HMP detainees even though fixing of term judicialised
• R (Hammond) v SSHD [2006] 1 PLR 1. Power to hold oral hearings in fixing the minimum term of existing mandatory lifers under the Criminal Justice Act 2003
• R (Smith and West) No 2 v Parole Board [2005] 1 WLR 350. Application of article 5(4) ECHR to a determinate sentence prisoner
• R (Greenfield) v SSHD [2005] 1 WLR 673. Application of Article 6 (criminal charge) to prison disciplinary proceedings and assessment of damages under the Human Rights Act
• R (Giles) v Parole Board [2004] 1 AC 1. Application of Article 5(4) ECHR to longer than commensurate determinate sentences
• R v SSHD ex parte Anderson [2003] 1 AC 837. Challenge to the power of the Home Secretary to fix the minimum term for mandatory life prisoners
• R v Pyrah and Lichniak [2003] 1 AC 903. Compatibility with Articles 3 and 5 ECHR, and section 1 of the Murder (Abolition of Death Penalty) Act 1965 - challenge to the mandatory nature of the sentence of life for murder
• R v Secretary of State for the Home Department ex parte Simms and O'Brien [2000] 1 AC 115. The right of prisoners protesting their innocence to conduct face to face visits with journalists
• R v Secretary of State for the Home Department ex parte Doody [1994] 1 AC 53. The right of mandatory lifers to be given an opportunity to make informed representations on their tariffs