The prisoner was awaiting sentence. He had dismissed his legal team, and wanted to appoint Italian lawyers, and avvocato to advise him, in the expectation that the Italian lawyer would later engage English lawyers to present his case in court. He wanted his lawyer to see him in prison, and appealed the prison’s refusal to allow access for the lawyer.
Held: The rule required a ‘legal adviser’, and an avvocato was included within the 1978 order, which in turn implemented European Law. As a prisoner awaiting sentence, he was undergoing a trial process, and had his rights governed by the Convention, which meant that he must have adequate opportunity to prepare his mitigation and his defence. The Italian lawyer must be allowed entry to the prison.
Judges:
Jackson J
Citations:
Gazette 31-Oct-2002, Times 05-Nov-2002
Statutes:
Prison Rules 1999 2, European Communities (Services of Lawyers) Order 1978, European Convention on Human Rights
Jurisdiction:
England and Wales
Prisons, Legal Professions, European, Human Rights
Updated: 29 May 2022; Ref: scu.177844
