No5 Barristers' Chambers - Excellence is at the heart of everything we do.
Background

Prison & Police Law

"The clerks are very efficient and helpful."

Chambers UK 2024

"The clerks were always very responsive and made sure that queries and issues were always dealt with in a timely manner."

Chambers UK 2024

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.

Read more

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:

  • Applications for habeas corpus to secure release from unlawful detention
  • Appearing regularly before the High Court, the Court of Appeal and the Supreme Court in the context of Judicial Review challenges
  • Representation in Parole Board reviews, both pre-tariff and post-tariff for indeterminate prisoners, and in seeking release for some determinate sentence or recalled prisoners
  • Conduct of inquests arising in the prison, custody or detention context
  • Challenges to unlawful delays in parole hearing provision
  • Applications for compassionate release
  • Applications for release on Home Detention Curfew
  • Sentence calculation advice
  • Related extradition and deportation or immigration issues
  • Categorisation and transfer decisions
  • Protection of legal professional privilege and confidential correspondence with legal representatives Challenges to failures to allow a reasonable rehabilitation opportunity or to apply required policy Representation of prisoners at prison adjudications / disciplinary hearings, held before the Independent Adjudicator or the governor
  • Pursuing claims for compensation for miscarriages of justice and related civil litigation, including claims for assault, negligence, misfeasance and discrimination on the grounds of race, sex or disability, and claims for breaches of the Human Rights Act 1998
  • Appeals against conviction and sentence
  • Representation in matters concerning prisoners in British Overseas Territories, and before the Privy Council
  • Representation in respect of prisoners who are to be transferred overseas, or who are being repatriated from foreign prisons.

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:

  • Assault, negligence, misfeasance in public office
  • Discrimination on the grounds of race, sex or disability
  • Claims concerned with breaches of the Human Rights Act 1998
  • Miscarriages of justice compensation claims
  • Unlawful warrants, searches and seizures
  • Proceeds of Crime applications for forfeiture of cash
  • Defamation actions
  • Judicial review and appeals by way of case stated
  • Challenges to the failure to prosecute
  • Challenges to an unlawful prosecution

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.

Get in touch

For more information:


Prison & Police Law Barristers

Philip Rule KC

Call 2001 | Silk 2023

Philip Dayle

Call 2012

Avril Rushe

Call 2017

Kawsar Zaman

Call 2018

Serena Sekhon

Call 2021

Tutku Bektas

Call 2018

Mirren Gidda

Call 2023

Prison & Police Law Clerks

Abdul Hafeez

Practice Director, Immigration & Public Law

Lucas Bennett

Practice Manager, Immigration & Public Law

Jordan Lloyd

Immigration & Public Law Clerk

Emily Johnston

Immigration & Public Law Clerk

Isabella Taylor

Immigration & Public Law Clerk

Hannah Muxlow

Immigration & Public Law Clerk

Related News, Resources and Events

Events


Prison Law Seminar Series Three – Challenging Parole Board decisions


Date: 18 Jun 2024
Time: 11am - 5pm

Location: No5 Barristers' Chambers London

Past Events


Prison Law Seminar Series One

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…

Past Events


Prison Law Seminar Series Two – Advocacy before the Parole Board

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…

News


Prison Law Seminar Series Two – Advocacy before the Parole Board

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…

Past Events


Prison Law Seminar Series Two – Advocacy before the Parole Board

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…

Past Events


Prison Law Seminar Series One

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…

News


Claimant v Metropolitan Police

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…

News


Parole Board held liable for delays

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…

News


Giles Pengelly Appointed Legally Qualified Chair of the Police Misconduct Panels

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…

News


The Prisons Handbook 2024

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…

News


Davies & Others v G4S Care and Justice Services (UK) Ltd and Ministry of Justice

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…

News


High Court quashes unlawful decision to remove Chromebook use from prisoner studying Master’s degree course

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…

Publications


Indefinite risk: The Divisional Court clarifies the public protection test for fixed term prisoners

In R (Dich & Murphy) v Parole Board and Secretary of State for Justice [2023] EWHC 945 (Admin) the Divisional Court (William Davis LJ and…

News


Parole reforms on recommendations may have constituted contempt of court; new rules in force.

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…

News


Supreme Court judgment handed down in R (Pearce) v Parole Board

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…

Publications


Government introduces Victims and Prisoners Bill

The government has introduced into parliament a Victims and Prisoners Bill. This follows the “Root and Branch Review” of the Parole Board previously launched by…

News


High Court quashes decision of the Parole Board

In R(Matthews) v Parole Board [2023] EWHC 694 (Admin) Fraser J quashed a decision of the Parole Board. The Claimant was a prisoner serving an…

News


Prohibitions of recommendations in Parole Board reviews deemed unlawful

In a judgment handed down on 15 March 2023, the Divisional Court (Lady Justice Macur and Mr Justice Chamberlain) held that the Secretary of State…

View all Prison & Police Law related news

Clerk Team

Abdul Hafeez

Practice Director, Immigration & Public Law

abdulh@no5.com

07957 403805

Lucas Bennett

Practice Manager, Immigration & Public Law

lucasb@no5.com

Jordan Lloyd

Immigration & Public Law Clerk

jordanl@no5.com

Emily Johnston

Immigration & Public Law Clerk

emilyj@no5.com

Isabella Taylor

Immigration & Public Law Clerk

isabellat@no5.com

Hannah Muxlow

Immigration & Public Law Clerk

hannahm@no5.com

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

    Download    Add to portfolio   
    Portfolio
    TitleTypeCVEmail

    Remove All

    Download


    Click here to share this shortlist.
    (It will expire after 30 days.)