Our Prison Law Cases

We have taken successful cases for prisoners concerning all aspects of the prison system, from procedure at disciplinary hearings through to challenges to the legislation relating to life sentences. Some of our key successes are set out below.

R (Black) v SSJ CA 2008The Court issued a declaration that the Secretary of State's power to reject parole recommendations for prisoners serving determinate sentences of 14 years or more breaches Article 5.

R (Brook & others) v SSJ & Parole Board CA 2007We acted for one of the claimants in the above case which established that the Parole Board was not sufficiently independent of the executive.

R (Stellato) v Home Secretary HL 2007
A successful challenge to the Secretary of State's argument that he had the power to make retrospective changes to the length of time a prisoner will spend on licence.

R (Smith) v Parole Board, HL 2005
Successfully requiring the Parole Board to convene oral hearings when deciding whether prisoners on licence should be returned to custody.

R (Roberts) v Parole Board, HL 2005
Seeking to establish the extent to which the authorities are entitled to withhold material from life prisoners seeking release on parole.

R (Hammond) v Home Secretary, HL 2005
Requiring legislation to be amended to allow for life sentenced prisoners to have oral hearings when their tariffs are reset.


R (Sim) v Parole Board, CA 2004
Successfully challenging the release and recall powers for prisoners serving extended sentences through the application of Article 5(4) of the European Convention on Human Rights.

Ezeh and Conners v UK, ECtHR 2002
Challenging the structural fairness of the prison disciplinary system and the power of prison governors to award additional days to prisoners' sentences.

R (Richards) v Home Secretary, AC 2002
Establishing that decisions of the European Court of Human Rights have retrospective effect.

R (Daly) v Home Secretary, HL 2001
Establishing the correct legal test for Human Rights Act challenges in the context of prison cell searches.

V and T v NGN and others, HC 2000
Protecting the right to privacy for young offenders after release where there is a threat to personal safety.

R v Governor of HMP Frankland ex parte Russell, DC 1998
Requiring the drug testing procedures in prisons to be administered in a fair and open manner.