Governor's failure to release prisoner on time sparks legal action

Introduction

The High Court recently examined the legality of the detention of Babir Bashir, a prisoner at HM Prison Pentonville, following a failure by the prison governor to release him on time. The case, presided over by Mr Justice Ritchie, highlighted significant procedural shortcomings within the prison system, particularly concerning the release of prisoners outside regular working hours.

Background

Babir Bashir was sentenced to 10 months in prison for dangerous driving and other offences at Snaresbrook Crown Court. Due to time served on remand, he was entitled to immediate release. However, procedural delays meant he remained incarcerated over the weekend, prompting Bashir to seek a writ of Habeas Corpus.

Legal Framework

The case centred on the interpretation of the Criminal Justice Act 2003, specifically sections 240ZA and 244, which outline the conditions under which time served on remand counts towards a sentence and the duty to release prisoners. The Act mandates that prisoners serving fixed-term sentences be released on licence after serving the requisite custodial period.

Procedural Failures

The failure to release Bashir was attributed to administrative oversights. The prison's Offender Management Unit (OMU) and probation service did not process the necessary paperwork before the weekend. This oversight was compounded by a lack of clarity in communication and procedural guidelines for out-of-hours releases.

Judicial Findings

Mr Justice Ritchie criticised the prison's handling of the situation, noting that the failure to release Bashir was indicative of broader systemic issues. The judgment referenced previous cases, such as R (Niagui) v Gov. of HMP Wandsworth, underscoring the recurring nature of such failures within the prison system.

Implications for the Prison System

The case highlighted the need for clear procedural guidelines and the establishment of an out-of-hours service for processing prisoner releases. The judgment called for a review of current practices to prevent similar occurrences in the future, emphasising the importance of upholding the legal rights of prisoners.

Conclusion

The High Court's decision in Bashir vs Drysdale serves as a crucial reminder of the legal obligations of prison authorities and the potential consequences of administrative failures. The case underscores the necessity for systemic reforms to ensure that prisoners' rights are respected and upheld.

Learn More

For more information on UK imprisonment and release procedures, see BeCivil's guide to UK Employment Law.