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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70528
Experience:  Over 5 years in practice
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My brother is at this time detained at HM Nottingham on remand

Resolved Question:

My brother is at this time detained at HM Nottingham on remand is due in court On Tue 13th May,
The Governor of the prison has not allowed my brother to attend our Dads funeral on 12th May
Please can I get any help to make this possible, you only go once in a lifetime,
He is there because he breech a restraining order due to issues with his ex partner,
he also failed to attend court on a drugs charge,
This family affair is only family, his ex will not be attending, I am aware the Governor reason for refusal is that his ex partner may attend,
Please can I get any further assistance
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

What do you need

Expert:  Jo C. replied 3 years ago.

Are you asking basically if you can force the Governor to grant compassionate leave?
Customer: replied 3 years ago.

Yes I dont no any other way and it will soon be Monday,


I cannot force the Governor, what else can I do please help

Customer: replied 3 years ago.

I know I cannot force the Governor to do anything, what else can I do my brother also has rights to attend his Fathers funeral

Customer: replied 3 years ago.

are you still there ??

Expert:  Jo C. replied 3 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.

Prisoners can be brought out for a day to attend a funeral for a parent but it can be refused by the Governor. A prisoner can request to attend the funeral of a "direct relative".

No prisoner has the right to attend for example, if there was evidence that a high security prisoner would be assisted to escape at the funeral, the governor can refuse to allow that prisoner to attend.

Most prisoners are escorted handcuffed with clear instructions the cuffs must never be taken off.

The police are always informed of the time, place and the prisoners name and level of risk. prisoners convicted of serious crimes, say - murder, the police will also watch the funeral or church service.

All prisoners are assessed before being allowed and the officers given clear instructions of what to do for example - to church service only - or to church and burial but not to the family meeting afterwards.

Prisoners not regraded as high security (cat D) can be allowed to attend on their own, no officers, but they have a licensed release with clear instructions of what they are allowed to do so it depends on his classification.

However, if a Governor has refused permission then the routes of appeal are limited. You can appeal any decision to the District Judge but there isn't realistically time for that. I suppose in principle there isn't any reason that there couldn't be an emergency judicial review about the Governor's decision but that will be an expensive action.

Can I clarify anything for you?

Jo
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