Association of Prison Lawyers

Association of Prison Lawyers

Lawyers practising Prison Law are to form an association

With the knowledge of an association of lawyers being formed, who practice prison law, Inside Time asked Rikki Garg, Chairman of the Steering Group, to explain what had prompted this initiative.

“Following legal challenges brought by prisoners in the 1970s and 1980s, prison law developed into a specialist field in the 1990s after the CJA 1991 enshrined DLP prisoners' right to advocacy at their oral hearings.

“Every other area of law has an association that has developed their own formal contacts and consultation procedures with the Law Society, the Bar Council, the Court Service, the Legal Services Commission and other bodies of obvious influence, like the Lord Chancellor’s Department and the Ministry of Justice. It is therefore important that Prison Law practitioners have a recognised representative voice and body that will protect the right of those who we seek to represent - some of the most vulnerable people in society.

“It is also the case that the funding of prison law has, in recent times, been under more and more scrutiny, leaving those in custody often confused as to who can provide the necessary specialist advice. And more legal practitioners with criminal law contracts are providing a prison law service without possibly the necessary experience or training to support and underpin the advice they give.

“There is, therefore, a real need for an established voice for those legal practitioners committed to the growth and development of Prison Law, with the knowledge and expertise to ensure that those who practice have the necessary and relevant experience, education and training to deliver the service people in custody have the right to expect. A priority for the association will be to ensure the development of Prison Law in its own right and to raise standards beyond those which simply satisfy the Legal Services Commission.”

Will anyone be able to become a member; regardless of the size or experience of the firm/practitioner?

“Everyone who is currently providing legal advice in prison law may apply. Their current experience and training from any accredited training organisation will be acknowledged. Once established, the association hopes to provide specific training courses on a ‘not for profit’ basis for its members.”

So what’s the next step?

“A steering group made up of the country’s leading prison law legal representatives has been meeting regularly in the earlier part of this year to establish the association, and a draft constitution will be going out for consultation to everyone who has expressed their interest in the association shortly in advance of the association’s first AGM in July this year. After the AGM, the work of the association will begin with a sense of urgency to achieve the broad objectives mentioned in this article.”

Will readers seeing adverts for the various firms in publications such as Inside Time know which of them are association members?

“Once the first AGM has taken place, all of this sort of detail will be agreed and announced but the intention is certainly to ensure there is an end to any confusion about the credentials of prison lawyers, and that those seeking advice will be reassured by the existence of an impartial and recognised association which is focussed on maintaining and raising standards for those in need of this type of help and advice".