Prison hostage case shows risks of legal aid cuts

The results in the case of Tuckers’ client Feroz Khan could demonstrate the risks that are being taken with the security of the prison estate as a result of cuts to legal aid funding, according to Fiona Dunkley, Higher Court Advocate at Tuckers Solicitors.

Acting under the instructions of Solicitor, Meltem Uygur, and briefed along side barrister Paul Hynes from 25 Bedford Row, Fiona represented Feroz Khan at trial.  Khan and two others were charged with falsely imprisoning an officer and threatening to kill him whilst making demands for the release of Abu Qatada and Roshanara Choudry.

The events occurred at HMP Full Egan and happened on the weekend after the murder of Lee Rigby.  The defence was that of a duress of circumstances – specifically, a belief that prison officers were encouraging non-Muslims to attack Muslims in some sort of retaliation.  Whilst Khan was convicted of certain charges, the jury acquitted him of falsely imprisoning an officer – thus accepting that taking a prison officer hostage was the only way to highlight the lack of safety felt by Muslim prisoners in the High Security estate.  Clearly the defendants in the case did not think that the prison complaints system, and prison systems to protect prisoners feeling under threat could be relied upon – and jury agreed.

Fiona added, “as legal aid for assisting prisoners in many instances has now been withdrawn, and with an inadequate prison complaints system in place, this could be a warning of things to come”.