Legal 500 “Top Tier” law firm Duncan Lewis are pleased to announce the recent internal appointment of Abigail Fogg to her new role as Director of the firm’s Prison Law department.
As from November 2015, Abigail Fogg, who is based in the firm’s Croydon branch, will be heading the Duncan Lewis Prison Law department under her Directorship.
Abigail has considerable experience representing prisoners before the Parole Board and Independent Adjudications. She has acted in complex cases involving prisoners with life and Imprisonment for Personal Protection sentences who are significantly over tariff often with mental health or personality disorders. Abigail has a thorough knowledge of risk assessments and ensuring that the Parole Board considers all possible treatment pathways before making their decision. Abigail has successfully challenged Parole Board decisions with Judicial Reviews.
Abigail has advised clients on a wide range of prison law matters including: pre-tariff applications, applications for exceptional reduction in tariff, Guittard applications, re-categorisation, Home Detention Curfew and Release On Temporary Licences, re-settlement, segregation, licence conditions, medical treatment, transfers, treatment matters, mental health and prison discipline.
Abigail has successfully sought damages for Foreign National prisoners who have been unlawfully detained and won bail for clients held under immigration detention including a prisoner held at HMP Belmarsh for 4 years post his sentence.
She had a reported case at the Court of Appeal which set out the principles for counting remand time for prisoners with indeterminate sentences after LASPO: R v Nutting (2013), Court of Appeal, 11 July 2013: Guideline case on remand time calculation. 187 days on remand credited on appeal.
Abigail has a strong interest in ensuring that the human rights of prisoners are protected and has acted in Judicial Review cases against discrimination and helping clients with mental health conditions and advises prisoners on criminal appeals against conviction and/or sentence to the Court of Appeal and to the Criminal Cases Review Commission.
The Duncan Lewis specialist Prison Law department provides a unique service to clients, as it ensures that the care they have received throughout their criminal matters does not simply end when a person is at their most vulnerable, when they are taken into custody. At this stage Duncan Lewis can address issues such as appeals against conviction and/or sentence, proceeds of crime and advice regarding categorisation.
Once an inmate is in custody, Duncan Lewis are able to assist with matters such as transfers to other prisons (often closer to loved ones), re-categorisation to follow sentence plans, assistance with complaints, advice specific to foreign nationals and more. Duncan Lewis are also able to assist and to provide representation during adjudications should the inmate be subjected to 'nickings' for disciplinary behaviour.
Towards the end of a sentence, Duncan Lewis are able to further assist in relation to parole (for determinate and not determinate sentences), HDC and licence conditions. Duncan Lewis has expertise in representation at oral parole hearings, including for lifers, where advocacy assistance is often instrumental in ensuring early release. Post release, we can assist in licence recall matters.