Prison Law

Garden Court Chambers is noted for its 'strength and depth in actions against the police and inquest work', where it is described as a 'leader in the field'. It provides a 'fantastic service', and the clerks are rated for their quick responses. Owen Davies QC and Courtenay Griffiths QC are recommended among the leading silks. The 'fearless and formidable' Leslie Thomas has a superb reputation for police actions, and inquest and prison work, and is rated for his 'excellent cross-examination skills'. Stephen Simblet is an 'excellent jury advocate' whose 'presence at court shows incredible attention to detail'. The set also receives high praise for its up-and-coming junior juniors.
The Legal 500 2011

Garden Court Chambers has long been involved in challenges to the infringement of prisoners' rights and privileges. We regularly advise on potential judicial review challenges in a wide range of areas - for example, re-categorisation decisions, sentence calculation, release and recall, licence conditions, prison conditions as well as Human Rights Act challenges (such as the right to vote). Our team has a range of senior and junior practitioners (including two senior Manchester based practitioners) enabling us to offer advice and representation at all levels. We are experienced in providing representation at all Parole Board and adjudication hearings. Additionally, our "Claims against the Police and other Public Authorities" team (some of whom are members of the prison law team), is experienced in advising on damages claims against the Ministry of Justice for unlawful detention arising out of sentence/release date miscalculation and / or negligence. Further given the availability of a wide range of experience in Chambers we are also able to advise and represent prisoners in a variety of civil claims, including discrimination and transfers to hospital under the Mental Health Act.

We regularly hold free, CPD accredited seminars on different aspects of prison law in chambers. Please check the home page of our website for current seminar details.

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The following are examples of some of our more recent reported cases in the prison law sphere:

R(Noone) v Secretary of State for Justice [2010] UKSC 30 (landmark case on the proper calculation of "mixed Act" sentences and HDC)

R (on the application of Salami) v Parole Board; R (on the application of Robinson) v Secretary of State for Justice [2009] EWHC 2251 (Admin) (the rights of two long-term prisoners under Article 6 of the ECHR were not breached as a result of the amendments to the early release provisions in the CJA 1991 introduced by the CJIA 2008 (the Court of Appeal upheld this decision in R (on the application of Robinson) v Secretary of State for Justice [2010] EWCA Civ 848)

Secretary of State for Justice (Respondent) v James (FC) (Appellant) (formerly Walker and another) and R (on the application of Lee) (FC) (Appellant) v Secretary of State for Justice (Respondent) [2009] UKHL 22 (release of IPP prisoners and the provision of courses)

Gibson, Kelly and Bailey v Secretary of State for Justice [2008] EWCA Civ 177 (challenge to the drafting errors in the CJA 2003 relating to early release of certain prisoners)

R (on the application of C) (a child by his litigation friend MS) v Secretary of State for Justice [2008] EWHC 171 (Admin) (challenge to the amendments made by the Secretary of State for Justice to the Secure Training Centre Rules 1998 allowing for a wider use of physical force to restrain minors in secure training centres)

 

Civil Clerks

If you would like more information about our Prison Law team email the clerks civilclerks@gclaw.co.uk
or call us on 020 7993 7600.

The team

Members of the Prison Law team are listed below - click on their names to go to their profiles.

Barrister Year of Call Email Address Mark George QC 1976 Send Email Dexter Dias QC 1988 Send Email Colin Hutchinson 1990 Send Email Stephen Simblet 1991 Send Email Helen Curtis 1992 Send Email Pete Weatherby 1992 Send Email Stephen Knafler QC 1993 Send Email Rajeev Thacker 1993 Send Email Shereener Browne 1996 Send Email Maya Sikand 1997 Send Email Marina Sergides 2000 Send Email Kate Aubrey-Johnson 2001 Send Email Tim Baldwin 2001 Send Email Brenda Campbell 2002 Send Email John Beckley 2003 Send Email Alex Rose 2003 Send Email Stephen Marsh 2005 Send Email Shu Shin Luh 2006 Send Email Sarah Hemingway 2006 Send Email Deirdre Malone 2006 Send Email Kirsten Heaven 2007 Send Email Helen Foot 2008 Send Email