It is an easy mistake to make to think that criminal lawyers also deal with prison law matters and vice versa. Whilst very few do both, you will generally find that criminal solicitors and prison solicitors stick to their own lane and specialise in their area.
Both types of solicitors work within the criminal justice system. Prison law solicitors specifically handle matters related to the rights and conditions of those already in custody in prison. Whereas criminal solicitors focus on defending individuals being investigated or prosecuted for involvement in an a criminal offence.
It can sometimes be difficult to know which type of lawyer you need. We have set out the key differences below to help navigate between the two.
Criminal Solicitor
Focus: Defending individuals being investigated and prosecuted for alleged involvement in criminal offences.
Venue: police stations, magistrates’ court and crown courts. Though this can expand to other locations for specific offences.
Role: represents clients in police stations and the magistrates’ court, consider evidence, take instructions from clients and advice on plea, liaise with barristers, prepares cases for trial, prepare for sentence hearings.
Typical cases: all criminal offences including but not limited to driving offences, violence, fraud, sex offences and drugs.
Criminal solicitors generally deal with following:
Representation at police stations - If you have been arrested or invited to attend a voluntary interview, criminal law solicitors can attend with you, advise you on the law, and represent you through the interview;
Magistrates’ Court Proceedings - If you are charged following your representation at a police station, criminal law solicitors can provide advice and representation and support for proceedings in the Magistrates’ Court. This might be for a first appearance, trial, sentencing, or bail applications, for example;
Crown Court Proceedings - If your matter progresses to the Crown Court, criminal law solicitors can likewise provide legal advice, support, and representation for criminal matters in the Crown Court. This could be for trial, sentencing and appeals;
Appeals - If you are seeking an appeal against conviction or sentence in any criminal proceedings, criminal law solicitors can assist with this.
If you would like to know more about the difference between the Magistrates’ Court and the Crown Court, please see our article here.
Prison Law Solicitor
Focus: issues related to the rights and treatment of prisoners and their progress through their sentence.
Venue: prisons, parole board hearings, adjudications.
Role: works closely with prisoners and their family to identify and address any issues and provide written representations to the prison Governor or parole board as required, representation at the parole board and internal and external adjudications.
Typical Cases: recategorisation to progress through sentence, licence recall, adjudications, parole hearings, prison transfers.
Prison law solicitors generally deal with the following:
Adjudications - If you break Prison Rules, such as being in a place within the prison you should not be in or not following rules or orders of prison staff, you can be charged with an offence and punished accordingly. This happens through the adjudication process, which is an internal hearing run either by the Governor of the prison or an independent adjudicator;
Calculation of release dates, such as ensuring they are correct and lawful and appropriate deductions have been made;
Recall - Recall decisions are made by a parole board and representations can be made on your behalf to try to secure your re-release, which would require the expertise of a prison law solicitor;
Parole - This could be an application to the Parole board or legal representation at parole board hearings. You are entitled to representation at any parole hearing.
If someone you know is serving a custodial sentence and has an issue concerning matters related to prison, they would benefit from speaking to a prison law specialist.
At Hallinans, we are specialists in criminal law. If you need to speak to someone but are unsure of who you might need to assist you, we can help direct you down the most appropriate avenue.
Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.