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Prisoners' Rights Submerged in Semantics

NCJ Number
115953
Journal
Howard Journal of Criminal Justice Volume: 28 Issue: 1 Dated: (February 1989) Pages: 27-36
Author(s)
V Treacy
Date Published
1989
Length
10 pages
Annotation
The case of R v. Board of Visitors of the Maze Prison, ex parte Hone and McCartan raised an important issue for prisoners and their advisors. This was whether prisoners accused of committing criminal offenses while inside prison are entitled to be legally represented at the hearing of their case before a Board of Visitors.
Abstract
The House of Lords held that prisoners have no right to legal representation at such hearings and blurred the issue by confusing 'criminal' and 'disciplinary' cases. Their decision appears to put the Common Law into conflict with the European Convention on Human Rights and certainly raises issues which will require clarification by the European Court of Human Rights. 2 references. (Author abstract)