Public Law & Human Rights  

R (on the application of) S & KF (Prisoners Earnings Act) - [2012] EWHC 1810

This was a challenge to the implementation of the Prisoners Earnings Act which imposed a ‘victims' levy’ of 40% on the earnings of people detained in open prisons, preparing for their release into the community. The thrust of the objection was that taking almost half of this group of prisoners' earnings in addition to tax and NI contributions was disproportionate and left little for them to support their families and prepare for their release. 
 

Hill V United Kingdom
ECHR

This was an application to the European Court of Human Rights.  Mr Hill complained of a violation of article 5 of the European Convention on Human Rights by the United Kingdom's delay in allowing him access to rehabilitative courses and repeated deferral of his Parole Board review hearing. The European Court of Human Rights held that there had been no violation of article 5(1) of the Convention, as a real opportunity for rehabilitation had been provided. However, there had been a violation of article 5(4) of the Convention due to a 13-month delay in conducting the parole hearing, for which he received compensation of €750.

Sentence Appeal
Hall v R - [2013] EWCA Crim 82

A Judicial Review claim was sought to prevent a severely disabled man being transferred from hospital back to prison. The Court of Appeal ultimately agreed to fast-track an appeal against his sentence which was quashed.

Miscarriage of Justice
R v Richard Lee Mulcahy

This was a miscarriage of justice case. Mr Mulcahy had been convicted of an armed robbery and maintained his innocence.  I investigated his case and made an application to the Criminal Cases Review Commission (CCRC).  The CCRC referred his case to the Court of Appeal, the Court of Appeal quashed his conviction and he was released from prison.  I also secured compensation for him for his wrongful conviction.

Solicitor-Advocate
High Court: R (on the application of Hill) v The Parole Board [2012] EWHC 809 (Admin)

This was a successful challenge to a decision by the Parole Board not to recommend the progression of a learning disabled prisoner to open conditions. Resulted in the prisoner's release from custody four months later. 

Andrew Sperling

Legal Consultant

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