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Guittard Applications

Duncan Lewis Prison Law Solicitors – Guittard Applications


Guittard applications can be made by those serving life sentences who wish to be moved to open conditions.


The Guittard Ruling was made in the case of an indeterminate IPP prisoner –
R (Guittard) v SSJ 2009 – where the court found that the Secretary of State for Justice had failed to exercise his statutory discretion by not considering the transfer of IPP prisoners without a Parole Board Review.


In order to apply for a Guittard Review, a prisoner must be able to show a reduction in risk, including:


  • The parole dossier must contain evidence the prisoner has made significant progress
  • There must be consensus among the reports the prisoner is suitable and safe for open conditions
  • There are no areas of concern that would benefit from further exploration at an oral hearing
  • It is demonstrated in the prisoner’s representations that there are clear benefits to transfer immediately.


Factors which would usually exclude a pre-tariff review or Guittard Application include:


  • Category A status
  • OASys assessment of high/very high risk of harm
  • Escape or attempted escape in last 2 years
  • Previous abscond or attempted abscond from Escorted Absence or open conditions within last 2 years
  • Proven adjudication for serious violence within last 12 months.


However, it is important to remember that each case has to be considered on its individual merits.


Duncan Lewis prison law solicitors have a successful track record in advising IPP offenders or lifers on making Guittard Applications, including preparation of written representations and advising on any factors which might disadvantage an application.


Duncan Lewis can also advise prisoners refused a transfer to open conditions after a Parole Board Review on appeals and Judicial Review.


Duncan Lewis Prison Law Solicitors – When to contact us


Call Duncan Lewis as soon as possible for legal advice on Guittard Applications, or any other prison law matter.


Making a Guittard Application will not impact on a future Parole Board Review as the two processes are treated separately.


Duncan Lewis Prison Law Solicitors – How to contact us


There are Duncan Lewis offices nationwide – and our prison law solicitors regularly visit police stations, prisons and courts to advise on criminal law and prison law.


For expert legal advice on Guittard Applications, call Duncan Lewis prison law solicitors on 020 7923 4020.


For urgent prison law advice or 24/7 help at a police station, call the Duncan Lewis Emergency Hotline on 020 7275 2036.


Duncan Lewis Prison Law Solicitors – Private Client – Guittard Applications


Under reforms to Legal Aid, Duncan Lewis is no longer able to offer public funding for legal advice on Guittard Applications.


However, Duncan Lewis prison law solicitors are usually able to offer competitively priced fixed fees to our clients, with notice of legal costs in advance whenever possible.


To speak to one of our prison law experts about Guittard Applications, call Duncan Lewis prison law solicitors now on 020 7923 4020.

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