Prisoners' Advice Service
Encyclopedia
Prisoners' Advice Service PAS is a London
-based registered charity in England
and Wales
that provides free, confidential legal advice and representation to prisoners regarding their rights, the application of prison rules and conditions of imprisonment. PAS takes up prisoners’ complaints about their treatment inside prison by providing free advice and taking legal action where appropriate. PAS provides assistance on an individual and confidential basis, taking legal action where appropriate. PAS runs the Prisoners’ Legal Rights group, which produces a quarterly bulletin entitled ‘Prisoners’ Rights’. Membership of the group includes prisoners, solicitors, barristers, academics and non-governmental organisations (NGOs).
PAS was set up in 1991 by organisations working with prisoners, including Liberty
, the Howard League for Penal Reform
and Nacro
. PAS was set up because some people from these organisations felt, due to increasing demand for legal advice, a new charitable organisation was required to deal with the large number of requests for legal advice that they were receiving from prisoners. This has had an impact on Criminal justice
.
The Chair of the Prisoners' Advice Service Management Committee, Rikki Garg, is a specialist in prison and mental health law. He has been a member of the Law Society’s Mental Health Panel since 1995. He is currently Chair of the Prisoners’ Advice Service and is a founding member of the Association of Prison Lawyers (APL) and the current Treasurer. Also on the Committee is Simon Creighton, co-author with Hamish Arnott of Prisoners: Law and Practice
Erwin James
, a former prisoner, wrote a regular column for The Guardian
, and continues to write as well as do charity work after his release. While in prison he did not receive fees for his articles instead these were paid to the charity, Prisoners' Advice Service who had helped him.
In July 2008 Matthew Evans, managing solicitor for Prisoners' Advice Service wrote an article in Inside Time arguing that Local authorities and health bodies have in fact the same housing, community care and health care powers and duties in relation to released prisoners as they do to any other individual and that all statutory duties may be enforced in public law judicial review proceedings. Public funding is available for such proceedings, which can be very effective in obtaining emergency injunctive relief, compelling the authority to assess for services.
at PAS instructed barristers in a case about Home Detention Curfew
and Electronic tagging
. The judgment in this case of the Supreme Court of the United Kingdom
means that hundreds of low risk prisoners will have to have their release dates urgently re-calculated and they will be released on Home Detention Curfew
where appropriate.
Crime Report of June 2010 Matthew Evans writes that the opinion of PAS is that the Parole Board for England and Wales
is now so risk averse that it seriously raises questions about its perceived independence from the state and its institutions. PAS say that the system is at breaking point, with prisoners suffering endless delays in getting a hearing, spending far longer in prisons that have no facilities or courses for them to complete in order to show a reduction in risk and far longer in open conditions before they are considered suitable for release. PAS also argues that the taking of politics and political partisan competition out of law and order would be a major step to resolving and escaping from the cell of penal populism.
Matthew Evans also wrote a warning in July 2010 in the Solicitors Journal about prisoners' vulnerability and the impact of Kenneth Clarke
's review of legal aid. He argued that a lawyer often needs to say that the prisoner has the entitlement, for example as a disabled person, for the prison to consider reasonable adjustments to their accommodation, or that prison service policy based on a fixed expectation that a child be taken from their imprisoned mother at 18 months should be subject to some degree of flexibility.
voters, according to some media reports) are barred from voting in elections under Representation of the People Act 1983 s3. In Hirst v UK (No 2) App No 74025/01, 30 March 2004, the European Court of Human Rights (ECtHR) ruled unanimously that the maintenance of an absolute bar on convicted prisoners voting was in breach of article 3 of Protocol No 1 to the European Convention on Human Rights
(right to free and fair elections).
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
-based registered charity in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
that provides free, confidential legal advice and representation to prisoners regarding their rights, the application of prison rules and conditions of imprisonment. PAS takes up prisoners’ complaints about their treatment inside prison by providing free advice and taking legal action where appropriate. PAS provides assistance on an individual and confidential basis, taking legal action where appropriate. PAS runs the Prisoners’ Legal Rights group, which produces a quarterly bulletin entitled ‘Prisoners’ Rights’. Membership of the group includes prisoners, solicitors, barristers, academics and non-governmental organisations (NGOs).
PAS was set up in 1991 by organisations working with prisoners, including Liberty
Liberty (pressure group)
Liberty is a pressure group based in the United Kingdom. Its formal name is the National Council for Civil Liberties . Founded in 1934 by Ronald Kidd and Sylvia Crowther-Smith , the group campaigns to protect civil liberties and promote human rights...
, the Howard League for Penal Reform
Howard League for Penal Reform
The Howard League for Penal Reform is a London-based registered charity in the United Kingdom. It is the oldest penal reform organisation in the world, named after John Howard. Founded in 1866 as the Howard Association, a merger with the Penal Reform League in 1921 created the Howard League for...
and Nacro
Nacro
Nacro is a registered criminal justice charity operating in England and Wales. It is not formally linked with Sacro in Scotland or NIACRO in Northern Ireland.-History:...
. PAS was set up because some people from these organisations felt, due to increasing demand for legal advice, a new charitable organisation was required to deal with the large number of requests for legal advice that they were receiving from prisoners. This has had an impact on Criminal justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
.
The Chair of the Prisoners' Advice Service Management Committee, Rikki Garg, is a specialist in prison and mental health law. He has been a member of the Law Society’s Mental Health Panel since 1995. He is currently Chair of the Prisoners’ Advice Service and is a founding member of the Association of Prison Lawyers (APL) and the current Treasurer. Also on the Committee is Simon Creighton, co-author with Hamish Arnott of Prisoners: Law and Practice
Erwin James
Erwin James
Erwin James is the pseudonym for convicted murderer and Guardian journalist Erwin James Monahan. James was released in August 2004 having served 20 years of a life sentence. While in prison he wrote a regular column, and continues to write as well as do charity work after his release...
, a former prisoner, wrote a regular column for The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
, and continues to write as well as do charity work after his release. While in prison he did not receive fees for his articles instead these were paid to the charity, Prisoners' Advice Service who had helped him.
In July 2008 Matthew Evans, managing solicitor for Prisoners' Advice Service wrote an article in Inside Time arguing that Local authorities and health bodies have in fact the same housing, community care and health care powers and duties in relation to released prisoners as they do to any other individual and that all statutory duties may be enforced in public law judicial review proceedings. Public funding is available for such proceedings, which can be very effective in obtaining emergency injunctive relief, compelling the authority to assess for services.
Law changing legal action
In June 2010, Deborah Russo, a solicitorSolicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
at PAS instructed barristers in a case about Home Detention Curfew
Home Detention Curfew
Home Detention Curfew is a detention scheme in the United Kingdom whereby certain short-term criminals are released from prison several weeks to months before the completion of their sentence to allow them to integrate back into society...
and Electronic tagging
Electronic tagging
Electronic tagging is a form of non-surreptitious surveillance consisting of an electronic device attached to a person or vehicle, especially certain criminals, allowing their whereabouts to be monitored. In general, devices locate themselves using GPS and report their position back to a control...
. The judgment in this case of the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
means that hundreds of low risk prisoners will have to have their release dates urgently re-calculated and they will be released on Home Detention Curfew
Home Detention Curfew
Home Detention Curfew is a detention scheme in the United Kingdom whereby certain short-term criminals are released from prison several weeks to months before the completion of their sentence to allow them to integrate back into society...
where appropriate.
Encouraging political change in Her Majesty's Prison Service
In the New StatesmanNew Statesman
New Statesman is a British centre-left political and cultural magazine published weekly in London. Founded in 1913, and connected with leading members of the Fabian Society, the magazine reached a circulation peak in the late 1960s....
Crime Report of June 2010 Matthew Evans writes that the opinion of PAS is that the Parole Board for England and Wales
Parole Board for England and Wales
The Parole Board for England and Wales was established in 1968 under the Criminal Justice Act of 1967. It became an independent executive non-departmental public body on 1 July 1996 under the Criminal Justice and Public Order Act 1994. The Parole Board's role is to make risk assessments about...
is now so risk averse that it seriously raises questions about its perceived independence from the state and its institutions. PAS say that the system is at breaking point, with prisoners suffering endless delays in getting a hearing, spending far longer in prisons that have no facilities or courses for them to complete in order to show a reduction in risk and far longer in open conditions before they are considered suitable for release. PAS also argues that the taking of politics and political partisan competition out of law and order would be a major step to resolving and escaping from the cell of penal populism.
Matthew Evans also wrote a warning in July 2010 in the Solicitors Journal about prisoners' vulnerability and the impact of Kenneth Clarke
Kenneth Clarke
Kenneth Harry "Ken" Clarke, QC, MP is a British Conservative politician, currently Member of Parliament for Rushcliffe, Lord Chancellor and Secretary of State for Justice. He was first elected to Parliament in 1970; and appointed a minister in Edward Heath's government, in 1972, and is one of...
's review of legal aid. He argued that a lawyer often needs to say that the prisoner has the entitlement, for example as a disabled person, for the prison to consider reasonable adjustments to their accommodation, or that prison service policy based on a fixed expectation that a child be taken from their imprisoned mother at 18 months should be subject to some degree of flexibility.
Prisoners' voting rights
PAS supports the repeal of the absolute ban of convicted prisoners voting, Matthew Evans wrote in the Legal Action Group Journal in December 2010 that as things stand, the UK’s 85,393-strong prison population that he ironically says are (all avowed Conservative PartyConservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
voters, according to some media reports) are barred from voting in elections under Representation of the People Act 1983 s3. In Hirst v UK (No 2) App No 74025/01, 30 March 2004, the European Court of Human Rights (ECtHR) ruled unanimously that the maintenance of an absolute bar on convicted prisoners voting was in breach of article 3 of Protocol No 1 to the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
(right to free and fair elections).
External links
Online- Prisoners' Advice Service website
- Howard League for Penal Reform - the world's oldest penal reform organisation
- Guardian newspaper
- a solicitor firm's website
- Legal Action Group website, a charity promoting justice
- Guardian newspaper
- Inside Time, the national newspaper for prisoners
- a barristers chambers website
- New Statesmen current affairs magazine
- Solicitors Journal, a journal for UK solicitors
- Legal Action Group website, a charity promoting justice