Head of Prison Law speaks out on prisoners' rights
5/8/11
Tony Quinlan, Head of Prison Law at Switalskis
Switalskis' Head of Prison Law, Tony Quinlan appeared on BBC Radio Leeds this week to discuss prisoners' rights. Tony's appearance followed the announcement that Levi Bellfield, the murderer of teenager MIlly Dowler, is to sue the Prison Service over an attack in Wakefield prison which left him with minor injuries.
Tony, a former Prison Officer, and specialist in Prison Law for many years, discussed the issues with presenter Jonny I'Anson. He explained that prisoners retain all human rights other than the right to liberty and, contentiously, the right to vote. He also explained that the Prison Service has a duty of care towards prisoners, to keep them in a safe and secure environment, and that the Service is able, where appropriate, to place prisoners in a 'Vulnerable Prisoners' Unit', or a 'Separation and Care Unit' - effectively solitary confinement for their own safety.
The question, with regards to Levi Bellfield's claim for compensation, he added, would be whether the Prison Service had failed in its duty of care towards Bellfield: "If [a prisoner] is attacked in prison and it was not a foreseeable occurrence [...] - a random attack, out-of-the-blue, has the Prison Service breached its duty of care to look after him? Probably not."
He went on to explain that it can be difficult for prisoners to get access to solicitors in cases where they may wish to claim compensation for injuries sustained in custody: "there is a common misconception that legal aid is something of a bottomless pit but generally issues like this have to be dealt with by a lawyer who is prepared to [act] on what is called a Conditional Fee Agreement (otherwise known as the no-win, no-fee arrangement)." Tony explained that solicitors working on a no-win, no-fee basis may be unwilling to travel long distances to see a prisoner without knowing the merits of his case.
If you would like to discuss a prison law issue relating to you or a family member, Tony and the rest of our Prison Law team can be contacted at our Wakefield office on 01924 882000, or contact your local Switalskis office to be put straight through.
In this Section:
Contact our team:
Press:
for more information on any of our news stories or press releases, contact our Marketing Officer, George Lockley:
