Ensuring disabled prisoners can meaningfully participate in parole processes

How can a prisoner who lacks capacity instruct a solicitor and participate fairly and meaningfully in their parole review process?

A prisoner with a severe cognitive impairment lacks capacity to participate in his parole review and also to appoint a solicitor for the review.  The parole board can appoint a representative if they think it is in the prisoner's best interests but there is no formal procedure for the appointment of a litigation friend of last resort or to enable lawyers to act in a dual capacity for people who lack capacity.

 We work to ensure people can access redress when they are wronged and have a fair trial in the criminal justice system.

We intervened to tackle barriers to justice for disabled people in the criminal justice system.

The Court found that there had been a breach of the claimant’s Article 5 (4) rights i.e. everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

The case has highlighted the absence of clear procedures for prisoners who lack capacity to ensure they can have legal representation in parole proceedings.