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		<title>Observations of a Prison Lawyer</title>
		<link>https://www.edenlegalservices.co.uk/observations-prison-lawyer/</link>
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		<dc:creator><![CDATA[edelegal]]></dc:creator>
		<pubDate>Fri, 19 May 2017 12:07:30 +0000</pubDate>
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		<guid isPermaLink="false">http://www.edenlegalservices.co.uk/?p=17495</guid>

					<description><![CDATA[<p>The Prisons and Courts Bill was designed to transform the lives of offenders and put victims at the heart of the justice system. It was supposed to look at prison safety and reform. These are areas that most people would agree were in dire need of being addressed. On the day that the Bill was [&#8230;]</p>
<p>The post <a href="https://www.edenlegalservices.co.uk/observations-prison-lawyer/">Observations of a Prison Lawyer</a> appeared first on <a href="https://www.edenlegalservices.co.uk">Eden Legal Services</a>.</p>
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<p>The Prisons and Courts Bill was designed to transform the lives of offenders and put victims at the heart of the justice system. It was supposed to look at prison safety and reform. These are areas that most people would agree were in dire need of being addressed. On the day that the Bill was scrapped due to lack of parliamentary time ahead of the general election, I found myself in a local privately-run prison. I left feeling rather depressed.</p>
<p>The police were outside the main gate. The officer taking me over to legal visits told me that there had been numerous “incidents” that week with assaults over Black Mamba. There was an incident ongoing, resulting in me having to wait over an hour to see one of my three prisoners.  I then had to see them in quick succession. As a prison lawyer, you ensure that your clients have a voice and that their issues are heard. This is not easy when you end up having to rush through your appointments.</p>
<p>The Legal Visits area was manned by staff who did not ordinarily work there. Several prisoners were introduced to me until they finally found my clients. The trained Visits staff were “caught up elsewhere” in the <em>incident.</em></p>
<p>As I walked over to the Visits area, a young officer was wished a “Happy Graduation Day” by my escort. I could not help but feel sorry for this new member of staff. She was clearly full of hope and expectation about what her future may hold. Until prisons receive attention from the government, I cannot share her optimism.</p>
<p><span style="text-decoration: underline;"><strong>Funding Issues</strong></span></p>
<p>The issues for many private prisons include the lack of experienced prison officers and a lack of funding and resources. A client once remarked told me that it was very easy to manipulate the young staff on minimum wage. Offer them a couple of hundred to bring something in, and (occasionally), they would do so. That gave the staff a false sense of kudos with the prisoners, and their manipulated relationship would often continue.</p>
<p>I hope that in fact, it is the minority that would really fall victim to this tempting arrangement. However, when you hear about the level of drug taking in prisons today you cannot help but wonder. Of course, there are many other ways of bringing drugs in. Family, friends, and drones…. An increasing problem locally and across the country, with 6 drones being seen over one local establishment last weekend.</p>
<p>But take a prison officer aside and ask him if he thinks some of his colleagues contribute to the problem. You may find that he or she may say "yes".</p>
<p>Prisons are in a state. Everyone knows that. There is little public sympathy overall, for the criminally convicted. Yet most of my clients would agree that they deserved a prison sentence. The concern here is not imprisonment itself. It is the fact that people detained may end up with a drug habit, or that their lives are put at risk.</p>
<p>Documentaries have demonstrated the very real “Take a Punch for Mamba” issue. This is where prisoners agree to receive a "free" punch to the face. If they submit to this, they may receive Black Mamba in return. This is happening every day. I have clients in several prisons who report horror stories to me.</p>
<p><span style="text-decoration: underline;"><strong>Recent Change</strong></span></p>
<p>One IPP recently found himself recalled to prison on licence for a relatively minor issue. (Happily, we secured his re-release.  IPPs are a whole other blog!). He had served around 9 years initially. During that time, he of course knew about prison life, and he kept himself out of trouble.</p>
<p>After less than 1 year in the community he was back in closed conditions, at another privately run prison. He was shocked about the conditions and what the prisoners were now up to. Mamba was rife on the wing.  When one new prisoner dared to visit the toilets, most of the wing followed him believing that he was about to pass drugs. One can only imagine how terrifying that situation would be for the new prisoner and the ordeal he had to endure.</p>
<p>With 2 prison officers to a wing of 80-90 prisoners, it is little wonder that prisoners fear for their lives. I could say that it is only a matter of time before something serious happens, but we have all heard about the prison riots that have occurred over the last 12 months or so.</p>
<p>The IPP was a hardened prisoner, who was terrified of the system and how it had changed in such a short space of time.</p>
<p>This should be a lesson to us all. Experienced staff should be present to deal with issues of security and drugs. Resources are urgently needed. Rehabilitation is supposed to be paramount to reduce the risk to the public. Unfortunately, Offender Behaviour Courses are difficult to access due to the lack of funding. Prisoners are left to languish or simply to count the days down to release.</p>
<p>Finally, as deaths in custody rise, the safety of prisoners needs to be desperately addressed. Our prison system is over-stretched and under-funded. Hopefully when the election is over, the government will consider these issues before more lives are lost or changed forever. However, with Brexit domineering most of the headlines, I will not hold my breath.</p>
<p><em>If you have concerns about a prisoner or about prison conditions, please contact us today. Telephone 01902 275 042 or email info@edenlegalservices.co.uk</em></p>
</div></div></div></div></section><p>The post <a href="https://www.edenlegalservices.co.uk/observations-prison-lawyer/">Observations of a Prison Lawyer</a> appeared first on <a href="https://www.edenlegalservices.co.uk">Eden Legal Services</a>.</p>
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		<title>How can you defend someone you know is guilty?</title>
		<link>https://www.edenlegalservices.co.uk/how-can-you-defend-someone-you-know-is-guilty/</link>
		
		<dc:creator><![CDATA[edelegal]]></dc:creator>
		<pubDate>Wed, 24 Feb 2016 11:45:54 +0000</pubDate>
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		<guid isPermaLink="false">http://wpdemos.themezaa.com/h-code/?p=16650</guid>

					<description><![CDATA[<p>If a criminal lawyer had a pound for every time they were asked this question, then we would all truly be Fat Cat Lawyers! Sadly, for our pockets, it is not quite the case. It might be frustrating at times to be on the receiving end of this much-repeated question, but it is by no [&#8230;]</p>
<p>The post <a href="https://www.edenlegalservices.co.uk/how-can-you-defend-someone-you-know-is-guilty/">How can you defend someone you know is guilty?</a> appeared first on <a href="https://www.edenlegalservices.co.uk">Eden Legal Services</a>.</p>
]]></description>
										<content:encoded><![CDATA[<section class=" no-padding" ><div class="wpb_column vc_column_container col-xs-mobile-fullwidth"><div class="vc-column-innner-wrapper"><p>If a criminal lawyer had a pound for every time they were asked this question, then we would all truly be Fat Cat Lawyers! Sadly, for our pockets, it is not quite the case. It might be frustrating at times to be on the receiving end of this much-repeated question, but it is by no means a silly one.</p>
<p>The truth is, we act on our instructions from the client, whatever they may be.</p>
<p>We may sometimes suspect that someone is guilty, but we rarely know for sure. We adhere to strict rules of law and ethics, and we cannot knowingly mislead the Court. If a client tells us that he or she has committed the offence in question, then we cannot allow him or her to give evidence of his or her innocence under oath otherwise we would be complicit in their perjury.</p>
<p>We deal with every type of person you can imagine committing every type of offence you can think of. Personal feelings and thoughts are put aside, otherwise at times our job would be too difficult. We are not allowed to refuse to represent someone because we do not like what they say or even if we do not like them personally.</p>
<p>We advise our clients on the strengths of the case against them and on their instructions, and we give honest advice on whether they are likely to be believed. But ultimately, it is not for us to make a judgement on their guilt or innocence. That is what the Courts are there for.</p>
<p>As a young trainee, I remember one of the first Crown Court trials that I prepared. I believed my client whole-heartedly that he had not stolen some money from a close relative. So, you can imagine my surprise when, on the day of trial, the barrister asked him if he had committed the offence and he confessed that yes, he had indeed stolen the money.</p>
<p>After that case, I woke up and became more objective. There have been other occasions when I have had an initial feeling about a client’s guilt, but then a witness has come forward and has given credible evidence to prove his or her innocence.</p>
<p>So, the truth is, unless we were present when the crime was committed, or unless the client openly confesses the crime to us, we do not <em>know</em> if they are guilty or innocent.</p>
<p>Even when all of the evidence points to the guilt of a client, they are still entitled to a fair trial and that is what we help to enforce. It is for the prosecution to prove the case against them beyond reasonable doubt (they are innocent until proven guilty after all) and so we monitor proceedings and advance and enhance our client’s legal rights from the outset.</p>
<p>Of course, there are also times when we advise our client that they have no defence and that they should plead guilty at the first opportunity. We point out the witness evidence against them, any CCTV or forensic evidence, and where their defence may struggle.</p>
<p>If they take our advice and plead guilty, their sentence may be reduced from what it would have been after a trial hearing. We can then put forward their personal mitigation, which may be substantial, and help them to obtain a sentence which both marks the offence that they have committed and takes into consideration personal difficulties or achievements.</p>
<p>Of course, we are focusing on the guilty, but not everyone that appears in the police station or in court is guilty. People make mistakes and some people make false allegations, and of course there are a whole raft of miscarriages of justice that you can Google.</p>
<p>The only fair way to deal with a defendant is by allowing a court to hear both sides of the story, so that an objective decision can be made. What chance would anyone have if their own lawyer judged them from the outset?</p>
<p>Even if the client is guilty, there is something very satisfying about helping someone through probably one of the most difficult times of their life and ensuring that the police and prosecution play by the rules.</p>
<p>How can we represent the guilty? We don’t judge, we just do our best for them.</p>
</div></div></section><p>The post <a href="https://www.edenlegalservices.co.uk/how-can-you-defend-someone-you-know-is-guilty/">How can you defend someone you know is guilty?</a> appeared first on <a href="https://www.edenlegalservices.co.uk">Eden Legal Services</a>.</p>
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