Naomi Duckworth Secures Immediate Release Following a Successful Application for a Writ of Habeas Corpus on Behalf of a “time served” Defendant

Naomi Duckworth, instructed by Katie Barlow of Russell & Russell Solicitors, successfully obtained a Writ of Habeas Corpus in the High Court (Administrative Court, King’s Bench Division) for a client who had been unlawfully detained by HMP Altcourse.

The client had pleaded guilty to lesser offences the day before trial and was subsequently sentenced to 25 weeks’ imprisonment. By the date of sentence, the client had already spent 35 days longer in custody than the length of his eventual sentence. He was therefore expected to be released immediately following the hearing.

However, HMP Altcourse refused to release him. The prison’s position was that the time spent on remand could only be credited from the date on which the lesser offences were added to the indictment, approximately five months after the client had initially been remanded in custody.

Both Katie and Naomi made representations directly to the prison seeking the client’s immediate release, referring the Offender Management Unit to Section 240ZA of the Criminal Justice Act 2003 and asking to speak to the Governor. Despite those representations, the prison maintained its refusal. An urgent application was therefore made to the High Court, supported by a witness statement from Katie and a Statement of Grounds drafted by Naomi.

In the interim, the matter was listed by the Sentencing Court after it was notified of the issue by the Defence team. Whilst the Court agreed with the Defence, it refused to intervene, and the Defence were directed to continue with their application to the High Court.

On the Saturday, Naomi conducted an urgent telephone hearing, following which the matter was adjourned for an in-person hearing at the Royal Courts of Justice the following Monday. At that hearing, Naomi successfully obtained an order for the client’s immediate release, together with an order for costs.

The order was complied with the following day and the client was released, after a further six days of unlawful detention.

The case demonstrates the importance of urgent and effective advocacy, whilst also highlighting the importance of teamwork between solicitors and barristers when urgent action is required.

For more information, or to instruct Naomi Duckworth, please contact Criminal Clerk Ethan Rourke