Successful habeas corpus application secures release client just in time for the birth of his child

Louise Willocx, together with Somsul Hoque and Sunita Mehta from ABV solicitors, brought a successful overnight habeas corpus application to the High Court after HMP Pentonville informed them that their client’s release would not be processed over the weekend. What rendered this unlawful detention particularly egregious was the client would have missed the birth of his child were it not for the emergency release order and writ of habeas corpus being granted.

On Friday 13 December, the client was sentenced at Snaresbrook Crown Court to time served and his immediately release was ordered by the Judge. As the sentencing hearing had finished around 4:30pm, instructing solicitors immediately called and emailed HMP Pentonville to ensure his timely release. 

However, their emails went unanswered and ultimately they were informed over the phone that no releases are processed outside business hours and that the client would have to wait until Monday. Even when sent a final warning that a habeas corpus application would be pursued to challenge this unlawful detention, the efforts of the solicitors went ignored. 

What rendered the prison’s indifference and irresponsiveness particularly appalling was that their unlawful detention was going to cause the client to miss the birth of his own child. The client’s partner was three weeks overdue and had to be induced on Sunday 15 December for the safety of the child.

Louise successfully argued for the client’s release at two emergency habeas corpus hearings at 11:15pm on Friday and at 8am on Saturday, pointing out that pre-release checks are never a justification to unlawfully detain individuals overnight, let alone over the weekend. HMP Pentonville’s Duty Governor appeared at the hearing at 8am. When asked by the High Court Duty Judge what release system they had in place after business hours, he stated bluntly that there was none. From his statement, as well as recent habeas corpus case law, it is clear that prisons continue to unlawfully detain individuals rather than implement a system which respects individuals’ most fundamental right, their liberty. 

In light of this statement, the High Court Duty Judge ordered the client’s release and issued a writ of habeas corpus. The client was ultimately released on Saturday afternoon, just in time to support his partner during the birth of their baby boy.