§ Mr. Tom Coxasked the Secretary of State for the Home Department if he will make a statement on the new changes as to the legal representation of prisoners appearing before prison boards of visitors' adjudications.
§ Mr. HurdArrangements have been made to ensure that boards of visitors are aware of the Divisional Court's judgment in the case of R. v. Board of Visitors, Her Majesty's Prison Albany, ex parte Tarrant and others. Boards will ensure that prisoners charged before them are aware of their discretion to grant legal representation and are given an opportunity to apply for it. My right hon. and learned Friend has decided that where a board grants legal representation to a prisoner who is unable to pay for it the cost should be met from public funds on an ex gratia basis. He has also decided that where a prisoner is legally represented the governor should be represented also by a lawyer, who will ensure that evidence supporting the charge is presented to the board.
§ Mr. Tom Coxasked the Secretary of State for the Home Department what will be the rights of solicitors asked to appear on behalf of prisoners appearing before prison boards of visitors adjudications as to the calling of witnesses and the visiting of prisons; and if he will make a statement.
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§ Mr. HurdAs the divisional Court emphasised in its judgment in the case of R. v. Board of Visitors, Her Majesty's Prison Albany, ex parte Tarrant and others, a board of visitors is the master of its own procedure. However section 47(2) of the Prison Act 1952 provides that a person charged with an offence under the rules should be given a proper opportunity of presenting his own case, and this is developed by prison rule 49(2). It is clearly open to a prisoner or, where he is legally represented, to his representative to ask for witnesses to be called and a board will consider whether it is right to grant the request in the light of its duty to give the prisoner a full opportunity of presenting his case. When a board grants legal representation it will be open to the representative to visit the prison to interview his client or, by arrangement with the governor, to interview any other person who is willing to see him and who has relevant evidence.
§ Mr. Tom Coxasked the Secretary of State for the Home Department what public funds are to be made available to prisons so as to meet the cost of legal representation of prisoners, in view of the new procedures in the hearing of prison boards of visitors adjudications; and if he will make a statement.
§ Mr. HurdPrisoners are not entitled to have the costs of legal representation before boards of visitors paid out of public funds, and the legal aid scheme does not cover such representation. My right hon. and learned Friend has however decided that where a prisoner cannot afford to be legally represented, some or all of his costs will be paid out of public funds on an ex gratia basis.
§ Mr. Tom Coxasked the Secretary of State for the Home Department what discussions he has had with the Prison Officers Association on the changes of procedures in prison board of visitors adjudications.
§ Mr. HurdMy right hon. and learned Friend has not yet discussed this with the Prison Officers Association but he will be glad to do so at an appropriate opportunity.
§ Mr. Tom Coxasked the Secretary of State for the Home Department (1) if, in view of the changes in legal representation now available to prisoners appearing before prison boards of visitors adjudications, he will now ensure that all boards have a clerk who is legally qualified;
(2) if he will introduce a new system of hearing prison adjudications by people who are legally qualified.
§ Mr. HurdNo, but these matters will be for consideration by the departmental committee on adjudications, the establishment of which my right hon. and learned Friend announced in answer to a question from my hon. Friend the Member for Gravesham (Mr. Brinton) on 24 October.—[Vol. 47 c.20–21.]