Prison Law

Being in custody can be an overwhelming and isolating experience. Decisions made by the Scottish Prison Service (‘SPS’), the Parole Board for Scotland, or other authorities can have a significant impact on a prisoner’s liberty, safety, and family life. Our Specialist Litigation Team provides clear and practical legal advice, and offers robust representation to prisoners and their families across Scotland.

Prisoners retain fundamental legal and human rights, and public authorities must act in accordance with Scots prison law, the Human Rights Act 1998, and the European Convention on Human Rights. Indeed, we are committed to ensuring that the rights of those in custody are respected and that decisions affecting prisoners are lawful, fair, and proportionate.

How we can help

We advise and represent prisoners at all stages of custody, as well as family members who are affected by prison decisions.

Prison Discipline and Adjudications

We can assist with:

• Disciplinary charges and internal adjudications

• Allegations of misconduct or breaches of prison rules

• Challenges to unfair or procedurally flawed decisions

• Sanctions such as loss of privileges or segregation

Where appropriate, we can advise on appeals or further legal remedies.

Segregation and Conditions of Detention

We can provide advice and representation in relation to:

• Placement in segregation or separation

• Prolonged or repeated segregation

• Conditions of detention, including cell conditions, healthcare, and access to services

• Allegations of inhuman or degrading treatment

We can assess whether prison conditions breach legal or human rights standards and advise on potential challenges.

Parole and Early Release

We assist prisoners with matters before the Parole Board for Scotland, including:

• Preparation for parole hearings

• Written and oral representations

• Recall to custody

• Licence conditions and variations

We can also advise on other forms of early or temporary release and progression through the prison system.

Prisoner Progression and Classification

Decisions about a prisoner’s progression can have long-term consequences. We can advise on:

• Security classification and reclassification

• Transfers between prisons

• Access to courses, programmes, and work opportunities

• Open prison placement

Where decisions appear unreasonable or unlawful, we can explore options for challenge.

Family Contact and Visits

We understand how important family contact is during custody. We can advise on:

• Refusal or restriction of visits

• Closed visits

• Telephone and correspondence issues

• Decisions affecting family contact

Our aim is to help maintain lawful and meaningful contact wherever possible.

Judicial Review and Human Rights Challenges

Where prison decisions are unlawful, irrational, or procedurally unfair, we can advise on raising a judicial review in the Court of Session. This may include challenges relating to:

• Unlawful policies or practices

• Failure to follow proper procedures

• Breaches of human rights

We will give clear advice on prospects, timescales, and funding options.

Our Approach

• Specialist knowledge of Scots prison law

• Clear, practical advice tailored to each individual case

• Sensitive and respectful communication with prisoners and families

• Robust representation when challenging unfair decisions

We understand the pressures faced by those in custody and work hard to ensure our clients are treated lawfully and with dignity.

Contact our Specialist Litigation Team

If you or a family member require advice or representation in relation to prison law in Scotland, please contact our Specialist Litigation Team on 0141 429 8166 or by completing our online contact form.