Dear Abigail,

Very quickly then - 

1. Requires application to High Court - you need to apply for writ of Habeas Corpus; or

the usual JR app could also work re lack of response again emergency application; or 

Civil claim with emergency application for interim remedy. 

Most appropriate is the first above. 

2. Check out cpr (civil) 87 for the process. Also check the practice direction 87 for the first one above. 

3. You can make an out of hours emergency application - but if you do this, more than ever, you must ensure you have the dates right and your assertion is indeed correct re the unlawful detention - last thing you want to do is disturb a High Court Judge with an emergency application unless your application has merit and is properly justified/well thought out. 

4. Obviously seek independent detailed legal advice which this short reactionary email is most definitely not. 

Good luck …..


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On 4 Oct 2024, at 07:48, Abigail Pavitt <a.pavitt@jsdefence.co.uk> wrote:



Hi

 

Can anyone advise me or take on my client in relation to continued unlawful detention?

 

On 24th September 2024, a sentence was imposed which should have resulted in the defendant’s immediate release. Instead, he went back to HMP Belmarsh where he is still detained. The warrant to the prison set out an eight month sentence and the defendant had been in custody since 5th March.

 

Calls to the prison have been met with instructions to email the offender management unit. The only response has been an email from “communications” stating “we are unable to share any information due to the Data Protection” I have replied, copying in the offender management unit, that I am trying to tell them that my client is unlawfully detained but have had no response.

 

I’ve tried to get the Crown Court involved but they’ve washed their hands of it. “I’m afraid that once the court has sent the relevant paperwork to the prison and our cells, it is for the prison to do the calculation of release, therefore, you will need to liaise further with the prison.” With the prison ignoring me, and only doing criminal defence work, I’m looking for some help.

 

 

 

 

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