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In 1979 a group of inmates who were in Hull prison at the time of the prison riots instructed a prison law solicitor to take legal action against the authorities for subjecting the alleged ringleaders to harsh disciplinary action by removal of remission without any legal representation. The High Court case was won on appeal and within a few years a raft of prisoner's rights had been established, that did not previously exist, including the right to legal representation, the right to judicial review by the House of Lords and the right for all decisions made by a prison Governor to be reviewed by the High Court. The Human Rights Act 1998 which came into effect in the UK on the 2 October 2000 has further extended prisoners rights. Specialist criminal solicitors usually offer advice on a wide range of prisoners rights issues and in all cases any necessary legal action will be dealt with using legal aid. Areas of concern where specialist lawyers may be able to assist include:- * Parole Review and Parole Refusal Lawyers can assist by reviewing the Parole Dossier and a prison law solicitor will make personal representations on your behalf to the Parole Board. It may be possible to challenge the Parole Boards decision by Judicial Review. * Re-Categorization and Category A Prisoners Review A lawyer can review your categorization and assist you to be re-classified where appropriate. This is of particular importance to Category 'A' prisoners who have the least pleasant prison regime. * Release on Temporary License Lawyers can advise and assist on temporary release applications which may take one of three forms being compassionate licence, facility licence and re-settlement licence. All inmates are entitled to apply for a re-settlement licence however it can be particularly useful to those who are serving more than 12 months but less than 4 years as they can apply for a re-settlement licence after one-third of the sentence has been served which can be 4 months before the automatic conditional release date. * Judicial Review Prisoner's rights are substantially strengthened by this legal process whereby almost all decisions that affect a prisoner can be challenged in the High Court using Judicial Review. A prison law solicitor can act on behalf of any prisoner who has been unfairly treated. * Life Sentence Reviews All those serving a life sentence have the right to an oral hearing once the original tariff period has expired. A lawyer can represent you at the oral hearing and ensure that the authors of any reports that are on file are properly cross examined. * Human Rights The European Convention on Human Rights and the Human Rights Act 1998 provide for a prisoner to take action, in the UK courts, to claim compensation for any breach of human rights. * Licence Conditions and Recall Any decision by the Parole Board to recall should be challenged by an experienced solicitor immediately. If you, or a relative or friend has suffered injustice whilst in prison you may need the help of an expert lawyer to ensure fair treatment. It is in your interests to be represented by a specialist who will give you clear advice on your legal rights.
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The author is a well known legal writer and operates www.actusre.us which is dedicated to obtaining personal injury damages for the victims of violent crime from the UK Criminal Injuries Compensation Authority.
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