Megan Edwards secures immediate release of client following a successful Habeas Corpus High Court application.
Megan Edwards, instructed by Elle Brinkworth of Forbes Solicitors, successfully obtained an order compelling her client’s immediate release in the High Court (Administrative Court, King’s Bench Division). The client had been unlawfully detained by HMP Liverpool having been sentenced to a 2-year Suspended Sentence Order (’SSO’) on Friday afternoon for 4x Possession with Intent to Supply Class A offences, committed on two separate occasions earlier this year. The client was a young man of previous good character and was expected to be released immediately following the hearing.
However, HMP Liverpool refused to release him on Friday evening and the client’s mother, who had travelled to collect him from prison, contacted Elle. Just before 7pm on Friday evening Megan was notified and advised on the next steps. Attempts were made by Elle to speak to the Governor directly, who thereafter confirmed he would not be released.
Elle was told that due to the sentencing hearing concluding late in the day on a Friday afternoon, it took time for the paperwork confirming the sentence to be uploaded on to Common Platform. It was quickly established by Elle that this was uploaded at 5.32pm. By this point however there was no member of staff within the OMU onsite at the prison who held the appropriate HMPPS licence or authorisation to complete the necessary paperwork and checks before release.
Because the matter was now outside normal working hours and over the weekend, the prison’s position was that he could not be released without the appropriate checks being completed and would have to wait until Monday. That position however is contrary to established authority. An urgent out of hours application was thereafter made to the High Court on Friday night drafted by Megan and supported by a witness statement detailing Elle’s efforts.
On Saturday morning Megan conducted an early remote hearing, following which an Order was made directing her client’s immediate release. It was subsequently served on the prison, and the client was released 2 hours later. A further remote hearing dealing with costs and damages was fixed for the following Monday.
For further details on Megan Edwards and the Criminal Department at 18 St John Street Chambers please contact Chambers Director James Parks, or Criminal Senior Clerk James Hotchin on 0161 278 1800 or crime@18sjs.com.