Changes to legal aid for prison law matters (in force as of 02 December 2013)

Below is a guide to the changes to criminal legal aid for prison law issues. 

In summary, criminal legal aid for prison law matters has changed in relation to the following areas:

(1) Treatment;
(2) Sentencing;
(3) Parole Board hearings;
(4) Adjudications.

Treatment 

"Treatment" encompasses the following:

• Communication;
• Visits;
• Living conditions.

There will no longer be any criminal legal aid for these matters. The Ministry of Justice advises that these grievances should be resolved by the Form COMP process.

Sentencing

The following still falls within the scope of criminal legal aid:

• Release date calculation issues;
• Parole Board reference issues (for indeterminate sentenced prisoners who are seeking release).

The following has been removed from the scope of criminal legal aid:

• Categorisation issues for Category B and below prisoners.

Parole Board hearings

Parole Board hearings fall within the scope of criminal legal aid only in those cases where the Board has the power to direct release. Hearings where the Board merely has the power to recommend transfer to open conditions without the power to direct release are no longer covered by criminal legal aid.

Adjudications

Criminal legal aid is now only available for the following disciplinary issues:

(1) If the case involves a criminal allegation and is referred to an Independent Adjudicator or;
(2) In Governor only hearings where the Governor decides that the Tarrant criteria is met and the prisoner requires legal representation. (Information on the Tarrant criteria can be found here)

New CRM3 form for solicitors etc

As of 11 December, this is the form to fill in if you are applying for legal aid for Parole and Adjudication representation: http://www.justice.gov.uk/downloads/forms/legal-aid/crime-forms/crm3-version-11-december-2013.pdf