Thinking about legal action – March 2014

NOMS receives around 2000 claims from individuals a year. Most of these are about personal injury, property and unlawful detention. It is important to think very carefully before taking court action. Something may be unfair but this does not always mean it is illegal. Going to court can be very complicated and it is important to know what the risks are. The person who starts a case has to prove their case and to do this there needs to be evidence.

If you do go to court, you are expected to have tried to sort the matter out beforehand. This means that it is important to go through any complaint process fi rst and to keep a record of everything you have done. There may be a more effective way of resolving the complaint. Sometimes going to another body, such as the Prisons and Probation Ombudsman or Parliamentary Ombudsman might be more straightforward.

If you are going to court you may want to use a computer for your paperwork. However, access to computers is not automatic. You can ask the prison to allow this but you have to show that without access to a computer you will be at a disadvantage that would be unjust. The prison staff will consider security and safety when deciding who can be granted computer facilities for legal work. It is also up to the governor to decide whether you can have access to IT in cell or somewhere else in the prison. They can also decide how many hours you are allowed computer access for and whether for part of your case or all of it.

The prison service does have a duty to make sure that all prisoners who require legal services understand what is available and how services may be accessed. Prisons do not have to have an offi cer with special responsibility (legal offi cer) to help prisoners with legal matters any more. However, that does not mean there is nowhere in the prison to get help. Wing staff should assist you with providing a list of solicitors, if you need this. They may be able to provide the court forms that you need. If you have any difficulty with reading or writing they should assist you with the form. If this would be difficult, because you are taking action against the prison, there may be a prisoner representative or buddy that can help.

You might need to photocopy documents for court cases. The prison does not have to cover the costs of photocopying and this can be expensive. Wing staff should be able to tell you what the arrangements for photocopying are in your prison.

You are allowed to make arrangements for papers to be posted out, to relatives or friends or handed over at visits, as long as this doesn’t breach security. The prison should make sure that legally privileged material is not read.

There are organisations that may be able to give you legal advice such as your local Citizens Advice Bureau or law centre. It is important to try and get advice in good time, especially as these organisations can be very busy. The Citizens Advice Bureau has produced a leafl et that explains what to think about before you go to court. It includes information on time limits, evidence, witnesses, assessing the risks and explains legal jargon.

The Prison Reform Trust can’t provide legal advice but we can send you information about going to court and advise you on what help you should get from the prison. We may also be able to fi nd other organisations that can help you.

from insidetime issue March 2014