Prison law

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Practice notes
The offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False...
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9th Nov
Practice notes
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
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9th Nov
Practice notes
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 9th Nov
Practice notes
What is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales environment creates...
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9th Nov
Practice notes
This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the...
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9th Nov
Practice notes
The right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’ court, youth court or Crown...
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9th Nov
Practice notes
The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The...
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9th Nov
Practice notes
The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
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9th Nov
Practice notes
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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9th Nov
Practice notes
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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9th Nov
Practice notes
A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review or an appeal by case stated....
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9th Nov
Practice notes
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
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9th Nov
Practice notes
Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 9th Nov
Practice notes
Application to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after the date when he is...
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9th Nov
Practice notes
Civil investigation of tax fraudHMRC’s published policy in respect of tax fraud states that HMRC will seek to use a civil rather than criminal...
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Produced in partnership with Corker Binning 9th Nov
Practice notes
The police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE 1984). Non-intimate...
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9th Nov

Most recent Prison law content

Practice notes
Categorisation is the process by which a prisoner’s security category is determined. This affects the type of prison in which they may be held, but it...
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Produced in partnership with Andrew Sperling of SL5 Legal 20th Oct
Practice notes
Judicial review of decisions affecting prisonersThe decisions of a public authority including prisons, Parole Board and Government departments, can be...
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9th Oct
Practice notes
Fundamental principlesDetail on the general principles applicable to the sentencing offenders can be found in Practice Notes:•Sentencing,...
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Produced in partnership with Flora Page of 23 Essex Street 2nd Oct
Practice notes
Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are...
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26th Sep
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...
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26th Sep
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...
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26th Sep
Practice notes
STOP PRESS: This Practice Note is being reviewed in light of recent developments in the process for challenging a preliminary decision of the Parole...
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26th Sep
Practice notes
Parole Board recommendations for licence conditionsWhen directing a life sentence or imprisonment for public protection (IPP) prisoner’s release the...
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26th Sep
Practice notes
Mandatory drugs testing—when and why?Mandatory drug testing (MDT) was introduced in 1995 through an amendment to the Prison Act 1952 (PA 1952). It is...
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26th Sep
Practice notes
What is IEPS?The national Incentives and Earned Privilege Scheme (IEPS) was introduced in 1995 on the recommendation of Lord Justice Woolf following...
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26th Sep
Practice notes
Prison propertyPrison Rules 1999, SI 1999/728, r 43 provides statutory authority for the Secretary of State to issue directions concerning the...
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26th Sep
Practice notes
Can a prisoner request a transfer?Prisoners in England and Wales (either on remand or after conviction) can lawfully be held in any prison and there...
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26th Sep
Practice notes
Repatriation is the process whereby a prisoner serving a sentence of imprisonment in one country may be able to serve the balance of their sentence in...
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25th Sep
Practice notes
Statutory FunctionsThe parole board is a corporate body required to advise the Secretary of State in relation to any matter referred to it concerning...
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25th Sep
Practice notes
The scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who is deprived of his liberty by...
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25th Sep

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