Wednesday 6 February 2013

Barristers in prison

What is a barrister?

If an individual is in prison, they were probably represented by a barrister in court at their trial. A barrister is a lawyer who represents individuals in court and specialises in advocacy.

When may I be represented by a barrister if I am in prison?

You may be represented by a barrister in the following situations:

At a parole hearing

If you are represented by a barrister at an oral hearing, he will represent you in front of the Parole Board and be your advocate. He will prepare submissions based on the parole dossier and other documentation which your solicitor has provided him with.

In an appeal

Often, solicitors instruct barristers to represent their clients in appeals. Your barrister will draft a written application to appeal, and if permission to appeal is granted, and the case proceeds to an oral hearing, he will represent you in the Court of Appeal and advance oral arguments.

In a Judicial Review

If you are commencing a civil action in the form of Judicial Review against the Governor of a prison, the Parole Board or the Secretary of State, your solicitor will instruct a barrister to draft the grounds for your case. If the case proceeds to an oral hearing, your barrister will represent you in the Administrative Court and advance oral arguments.

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