Crime Solicitors

A convicted killer may be awarded compensation after he took action against the Prison Service for not providing him with rehabilitation in jail.

Lord Glennie has ordered a further hearing into the case brought by Arthur Duncan, who was convicted for the rape and murder of 22-year-old Linda Bull in Hampshire in 1970.

At the time of the murder, Duncan was serving in the Royal Artillery. He attacked Ms Bull late at night – and then removed a photograph of her from her handbag so he could see what she looked like.

In 2002, a judge ruled he should serve at least 10 years before seeking release, the Daily Mail reports.

A psychiatrist assessment suggested that Duncan had an “abnormal mind” because of an obsession with “sexual oddities and sadistic fantasies”, including bondage and non-consensual sex.

Duncan is known to use hardcore pornography and was moved frequently between jails in Scotland before being sent to HMP Glenochil near Stirling, after he was found with images cut from a local newspaper featuring recent brides. Their names and addresses had been written on the reverse of the images – and Duncan admitted to having fantasies about visiting the home of one woman and tying her up.

However, Duncan is alleging that his human rights have been breached because he has not been provided with access to a sexual offenders’ programme for five years.

Duncan killed Ms Bull at the age of 18 – he raped her and then strangled her with her tights. He was sentenced to life for the crime and has repeatedly been refused parole.

Under Article 5 of the European Convention on Human Rights he is claiming that having no access to rehabilitation breached his rights to liberty and security between April 2007 and July 2013.

Duncan is also claiming that failure to provide him with effective courses and programmes to rehabilitate him have also had an impact on his application to the Parole Board.

Prison officials are arguing that decisions over rehabilitation for individual prisoners are a “matter of judgement” for the prison authorities.

However, prisoners have rights while in jail – and are entitled to legal representation and Legal Aid.

Ms Bull’s family have described Duncan’s action against the Prison Service as “a kick in the teeth”.

A further hearing will decide whether Duncan is eligible for compensation.

Duncan Lewis Crime Lawyers

Duncan Lewis crime lawyers regularly visit police stations, courts and prisons – and can advise on prisoners’ rights, including sentencing reviews and appeals, and applications to the Parole Board.

Duncan Lewis crime lawyers can also advise prisoners on access to services such as healthcare, mental health services and rehabilitation for drug abuse, alcohol abuse or psycho-sexual disorders.

For expert legal advice on prisoners’ rights contact Duncan Lewis crime lawyers on 020 7923 4020.