Those who represent and have the responsibility for the exercise of the power of the state are held to account in any healthy democracy by the rule of law, exercised through the courts. Our barristers are committed to assisting in the system of justice to deliver fairness for all, including those suspected or accused of a crime, and those held by the state in prison.
Prison Law
The lives, hopes and expectations of prisoners are subject to greater control by the state than virtually any other group of citizens. Their rights to early release, parole and access to training courses have all been tested in the courts in recent years and counsel at No5 Barristers’ Chambers have acted in some of the leading cases.
No5 barristers appear on behalf of vulnerable prisoners to assert these rights and ensure that the discretionary power of the state is not unlawfully exercised in breach of fundamental protections in the law, and in particular protections of liberty and against inhumane treatment. Our barristers believe fair treatment is required for all persons over whom state bodies hold power and the corresponding duty of care.
Building on the strength of our experience in both related criminal law and sentencing, and in wider public law matters, our particular expertise on behalf of prisoners includes:
Actions against the police
In the course of police investigation, or of a failure to investigate, there can be an important impact upon the lives of a victim, or a falsely accused, the wrongly arrested, and those who suffer the results of a failing by the authorities.
Our members are available to advise as to the lawfulness of action and on the available remedies for those who are unhappy with their treatment by the authorities in whom they must place trust and faith. We have experience representing clients in matters including:
Some of our team are also available to advise local authorities, Chief Constables, and Police and Crime Commissioners, in civil claims, judicial review, appeals by way of case stated, and in matters concerning the organisation of police forces, policies on use of force, and safeguarding duties.
The third and final seminar will focus on challenging Parole Board decisions. It will comprehensively cover the latest developments in this area and provide an…
The second seminar will guide attendees through how to best represent their clients at oral hearings. This session will be split into two parts. In…
The first seminar in the series will guide attendees through all the required steps for applying for and preparing for an oral hearing. It is…
Philip Rule KC (No5 Barristers’ Chambers) and Cormac McDonagh (Hodge Jones & Allen) represent the claimant who, on 17 October 2024 at the Administrative Court…
On Friday 16 August 2024, following the urgent judicial review proceedings and interim relief application brought by the Prisoners’ Advice Service, instructing Philip Rule KC…
Yesterday, we held the second of our Prison Law Seminars from our London office alongside speakers from SL5 Legal. There is still time to register…
The third and final seminar will focus on challenging Parole Board decisions. It will comprehensively cover the latest developments in this area and provide an…
The second seminar will guide attendees through how to best represent their clients at oral hearings. This session will be split into two parts. In…
The first seminar in the series will guide attendees through all the required steps for applying for and preparing for an oral hearing. It is…
Successful claim brought by innocent couple left living for eight years with the uncertainty and anxiety of a police “Released Under Investigation” (RUI) status before…
On 22 January 2024 at the County Court at Plymouth, District Judge Leach held that the Parole Board was liable for delaying Mr Robert’s parole…
Chambers is pleased to announce that Giles Pengelly has been appointed as a Legally Qualified Chair of the Police Misconduct Panels for the South Eastern…
The Prisons Handbook 2024 provides an invaluable resource for prisoners, prison staff and legal practitioners entering this area of work. It offers an exhaustive guide…
On 6 September 2023, District Judge Anthony Rich TD, sitting at Birmingham County Court, rejected attempts by the Government and G4S, the world’s largest security…
On 7 September 2023, in R (Ellis) v Secretary of State for Justice [2023] EWHC 2230 (Admin) the Administrative Court allowed a judicial review challenge…
In R (Dich & Murphy) v Parole Board and Secretary of State for Justice [2023] EWHC 945 (Admin) the Divisional Court (William Davis LJ and…
On 4 April 2023, the Divisional Court (Macur LJ and Chamberlain J) held a further hearing in the case of R (Bailey and Morris) v…
Today the Supreme Court reveals its judgment on the question of the permissible approaches for the panels of the Parole Board to take to unproven…