NCJ Number
138952
Journal
EuroCriminology Volume: 3 Dated: (1990) Pages: 181-199
Date Published
1990
Length
19 pages
Annotation
This focus on prisoners' rights cases in England addresses several of the most significant topics: access to the courts, the classification of prisoners and prison conditions, the duty of care, and natural justice in prisons.
Abstract
Significant changes have occurred in the history of litigation brought by prisoners over the past 160 years. Most surprising is the gradual extension of the rules of natural justice to the prison disciplinary system. Gradually, English courts have come to apply the requirements of natural justice. Rules governing access to solicitors was amended in 1975 after the European Court of Human Rights held in the Golder case that prisoners must be allowed access to legal advice with a view to instituting proceedings. Despite gradual application of the requirements of natural justice, one must not overestimate the extent of the changes in judicial attitudes towards prisoners. The everyday conditions that the vast majority of prisoners experience continue to remain firmly outside the scope of review by the courts. An unwillingness on the part of the court to address some issues is particularly disturbing, for instance, lax ways of dealing with a prisoner's property, which add a degree of arbitrariness to prison life. 36 footnotes