Help for Prisoners and Their Families

We conduct cases on a private client basis. At Emmersons, our Prison Law Solicitors and Lawyers understand how stressful it is for our clients when they are imprisoned. We understand that you, your family member or friend, may feel completely isolated and desperate to return home.

That is where our Prison Law Team can help you, your family member or friend.

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We are one of only a few firms in the whole of the North of England dealing with Prison Law. We are able to cover cases in England, Scotland and Wales. If you or a member of your family instruct us then we will immediately:

• Send a 'Know your rights' information pack
• As a prisoner you are able to use our Freephone number
• We will visit your family member or friend at their prison
• They will find us to be helpful and thorough

It is essential that cases are prepared as far in advance as possible. This means that we will obtain all necessary reports from Parole Board Officers, medical experts, etc. If your family member or friend is facing a Proceeds of Crime or Confiscation investigation then we can help to save their home and other possessions. We have an excellent track record which has allowed many wives and children to avoid being made homeless.

What do our clients say about us?

"Thank you for all of your help and advice during my time in prison.... I will recommend Emmersons to anyone I hear of who needs legal advice or representation. Mr S, who is a disabled life sentenced prisoner who had been languishing in a high security prison for 10 years with no progress being made during that time. Once Emmersons Prison Law Solicitors became involved, our client was released by the Parole Board to accommodation which assists those with disabilities.

"As a man I say thank you to you. Your instruction and support has changed my life. I owe you a debt I can never repay". Mr M, who was facing a negative outcome at his Parole Board Hearing following numerous adjudications and negative security reports; he was released at our first attempt before the Parole Board.

"I am more than happy with all of the help and support I have received from Emmersons and would like to say thank you to everyone I have had dealings with". Mr H, who had been recalled to prison following a number of allegations made by the probation service; with our help he was released as soon as his case was heard by the Parole Board.

If you would like our Prison Law Solicitors to assist you with your Parole Board Hearing then please contact us in the following ways:

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Contact us:

je@emmersons-solicitors.co.uk

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Let Us Help You Get Out of Jail Faster orCall:

Prison Law Speciali Solicitors Sunderland/Newcastle: 0191 567 6667
or Freephone: 0800 193 0146

Or complete our Online Enquiry Form

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Why are beds at Approved Premises taking so long to allocate and are they delaying Prisoners' release?

Approved Premises also referred to as “AP’s” or “Hostels” are residential premises for offenders that have been released into the community to progress with their life.

S.13 Offender Management Act 2007 set out the law around APs. The AP’s are for offenders who are being released into the community so they are able to show they have made progress and can function within the community. Therefore, staff in the AP’s monitor the offenders in their care and ensure their risk is being managed within the community.

At an Approved Premises you are allocated a keyworker, whom you meet with regularly and they offer you the necessary support. There are specific rules in place, such as a curfew, the minimum curfews are 11pm-7am. You will be expected to take part in programmes and activities. You will be expected to take a drug and alcohol test and you will be told whether or not you can have visitors. If a prisoner refuses to stay at an AP, they would then be recalled as this is a breach of a licence condition on the majority of prisoners.

Sara Robinson, at a recent Association of Prison Lawyers Conference’, stated there are 104 Approved Premises across the country. 89 provided by HMPPS, 15 independent AP’s and 9 female sites. This includes the 10 PIPE sites and 18 sites which have enhanced security placement.

Approved Premises are supposed to offer an enhanced level of public protection in the community and should be used for high and very high risk of serious harm individuals who are released on licence into the community. This often includes index offences which are of serious violence and sexual offences. It is also important to note, the Parole Board records it actual proven rate of Serious Further Offence as closer to 0.5%. Therefore, those assessed as high to very high risk of serious harm, are very unlikely to be convicted of a Serious Further Offence.

Often Probation are making prisoners wait for an Approved Premises place, when they have a home to go to and relatives waiting for them. This can lead to delays of approximately 3 months. AP places are not supposed to be for every prisoner, they are supposed to be for those of a high risk of serious harm. A prisoners AP placement need to be justified by Probation, rather than them taking the view it is the only option for most prisoners. Legal Representatives should see question whether sufficient effort has been made to review other alternatives, such as family homes.

If Probation stopped forcing every offender into an Approved Premises, this would likely lower the delays, the negative attitudes towards AP’s and ensure the right people are getting the necessary help. It is essential Probation review each individual on a case by case basis, rather than grouping every prisoner together as a whole.

The Prisoner’s Community Offender Manager (COM) decides what should happen to a offender within the community. For example, whether they can live with family or whether they should reside in an AP for a set amount of months.

The only way to ‘appeal’ the decision is to contact your COM to discuss it. If your COM does not change their decision, the only thing an offender can do is make a complaint to the relevant probation service. Thereafter a complaint to the Prisons and Probation Ombudsman might resolve the issues. As there is no formal review process, we have seen more and more former prisoners being sent to an AP and being unable to appeal this decision. The decision to place offenders in certain Approved Premises may lead to recall due to the unsuitability of the premises for the prisoner.

Even though Probation plan to increase the number of beds to at least 200, the best way to avoid the delays is to consider each case individually. Probation should be looking at other options for the offender, including private accommodation and staying with family.

Gabrielle Coates

Paralegal / Advocate at Emmersons Solicitors

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If you would like any further information, or guidance from our Prison Law team, please do not hesitate to contact us. Our telephone numbers are:
Prison Law Solicitors Newcastle:   0191 284 6989
Prison Law Solicitors Sunderland: 0191 567 6667

Or complete our Online Enquiry Form

or email us: enquiries@emmersons-solicitors.co.uk

Our Gosforth Office has wheelchair access, you can be dropped off at our front door and there is free parking on the adjoining streets. You can also park opposite our Sunderland Office on John Street.