Maria joined Chambers after completing pupillage in October 2022. Maria has a busy criminal practice spanning the Crown, Magistrates’ and Youth Courts. She has experience representing those charged with serious violence, sexual offences, drug-related crime, offences against property and general crime. She also has experience in cases involving Modern Slavery. She has also gained experience related to inquests into death in custody, and parole hearings.

Here Maria gives an update on contemporary case law concerning the unlawful detention of prisoners. She outlines a case from 2022 whereby a prisoner was wrongfully held in custody after being found not guilty and acquitted. She highlights concerns about the “casual” attitude of prison authorities towards the release of prisoners that had previously been lawfully detained. She gives advice to lawyers defending clients in similar situations.

Key words/topics:

Niangui v Governor of HMP Wandsworth [2022] EWHC 2911 (Admin):
Unlawful Detention
SERCO
Detaining authorities
Criminal Justice Act 2003, Section 244(z)(b) Police, Crime, Sentencing and Courts Act 2022.
Sentencing Act 2020, Section 306.
Power to Detain Dangerous Prisoners Serving a Standard Determinate Sentence Policy Framework
Prison and Probation Services