Simon Creighton

Simon Creighton specialises in prison law, working particularly with life sentenced prisoners. He has a considerable case load of public law challenges and applications to the European Court of Human Rights.

Simon has practised in prison law since 1993 when he was appointed as the first solicitor to the Prisoners’ Advice Service. He was one of the first lawyers to work exclusively in this area and as well as conducting his own cases, through writing and education he has helped ensure that prison law is now seen as a distinct area of practice in its own right. He has acted in many of the key prison cases over the past 12 years and has provided advice and input to other lawyers in their work.

Recent notable cases include:

Black v SSJ [2008] where the Court of Appeal has issued a declaration that the legislation allowing the Secretary of State to reject Parole Board recommendations for prisoners serving 15 years or over is in breach of Article 5 of the European Convention.

Hill v SSJ (2007] in which the policy applied by the SSJ to the transfer of lifers to open conditions was held to be unlawful.

Stellato v Home Secretary {2007] in which the House of Lords confirmed that the Criminal Justice Act Act 2003 did not permit the Home Secretary to retrosepctively impose a more stringent licence regime on prisoners sentenced before the Act commenced.

Hammond v Home Secretary [2005]
where the House of Lords held that the Criminal Justice Act 2003 had to be re-read to ensure compliance with Article 6 in relation to lifers’ tariffs so as to allow for oral hearings.

Roberts v Parole Board [2005]
concerning the use of special advocates in the parole process.

Richards v Home Secretary [2004]
which established that ECtHR decisions have retrospective effect.

Uttley v Home Secretary
where the House of Lords held that Article 7 only prevents increases in maximum sentences, not sentences within the maximum available.

He has been the supervising partner on a number of landmark cases at Bhatt Murphy including:

Daly v Home Secretary [2002]
where the House of Lords set the appropriate test for Human Rights Act public law challenges.

V and T v MGN and others [2002]
which established the right to life long privacy from the press where personal safety is at risk.

Ezeh and Conners v UK
where it was held that Article 6 applies to prison disciplinary hearings where additional days can be added to prison sentences.

He has successfully represented prisoners in a large number of cases before the European Court of Human Rights.

He co-authors with Hamish Arnott the six-monthly updates on prison law for Legal Action, and also Prisoners and the Law (Tottel Publishing, 3rd Edition 2005) and contributes annual chapters on prisoners’ rights to the Prisons Handbook (MLP 2004) and Liberty’s Guide To Your Rights. He has also recently co-authored Parole Board Hearings: Law and Practice (Legal Action January 2006), the first book dedicated to parole proceedings. He has also taught extensively in relation to areas within his practice.

Simon Creighton qualified as a solicitor in November 1991, having trained in East London. In 1993 he joined the Prisoners’ Advice Service as their first lawyer where he stayed until 1998. After a short period of time at BM Birnberg & Co, he was one of the partners who set up Bhatt Murphy Solicitors in 1998. Early in 2006 he has also been awarded the Higher Courts (Civil Proceedings) Qualification.