Devonshires: Private Justice Sector Experts
18 years of experience
For more information, please contact:
Nikki Bowker
Partner
020 7880 4398
For more information, please contact:
Pauline Lépissier
Partner
020 7880 4293
We understand the complexities and challenges of running a private sector prison from compliance with Prison Rules/PSOs/PSIs/Policy Frameworks and other applicable legislation, contract management, managing the relationship with HMPPS/MOJ, engaging with other providers such as healthcare, to managing prisoners with complex needs and/or at high risk of harm to themselves and/or others.
We are familiar with the documentation required to act on prison law matters, including NOMIS notes, Mercury IR reports, COMPs, DIRFs and adjudication paperwork.
We regularly advise on media issues and reputation management in relation to high profile prisoners and cases.
Judicial Reviews
We have defended a wide range of threatened and actual Judicial Review proceedings brought by prisoners across the male and female estates. The Judicial Reviews were in relation to a wide range of issues including full searching, mother and baby separation, extended periods of segregation, managing prisoners in relationships with each other, provision of care and responsibility for care, ROTL, restrictions on communication or visits with prisoners’ children, etc.
All Judicial Reviews which have been pursued to a final hearing have been successfully defended by our team. Where risks have been identified we are adept at negotiating agreements to resolve issues, including when other parties are co-respondents.
Inquests
We have acted in a number of inquests involving deaths in custody which were unexpected and/or unnatural, including deaths by suicide.
More widely the team is very experienced at representing interested parties in inquests which are high risk/profile and involve complex evidential issues, vulnerable witnesses and risk of potential criminal proceedings. We regularly advise on steps that can be taken to avoid a Prevention of Future Death report being issued and the negative reputational impact that can have.
Contract Disputes
We have advised on a wide range of disputes in relation to the interpretation and application of contractual provisions, for example: performance measures, points and deductions, availability of prisoner places, paymech, TUPE true-up, indexation, liability for required works, termination provisions, etc.
We understand the operational, commercial and reputational challenges presented by private prison contracts, as well as the objectives of the stakeholders involved in these contracts. We have advised throughout all stages of the lifecycle of a contract from procurement, implementation, mobilisation, operation and termination/expiry.
Other Claims
We regularly act in private law damages claims brought by prisoners in respect of alleged breaches of human rights law and other legislation/policies.
We have also acted for the private justice sector in other areas such as advising on procurement or defending challenges, construction claims or health and safety advice and dispute resolution. We are well versed in the particular challenges of health & safety compliance in a working prison.
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020 7628 7576