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Author Topic: Can a prisoner move while appeal is in progress?  (Read 251 times)

MaxPitcher

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Can a prisoner move while appeal is in progress?
« on: November 29, 2011, 12:06:32 pm »

Hi,

My first post here, so apologies if it's in the wrong place.

My friend has been in a Cat B prison in England for 4 months.  He is a Cat C prisoner.  An appeal was lodged immediately after conviction, but it has not yet gone anywhere - still awaiting allocation to the single judge. He thinks that he will have to stay where he is while the appeal is pending. Can anyone tell me if that is true?  Or can he request a transfer to a Cat C prison.

Thanks in advance,

Max
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nugnug

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Re: Can a prisoner move while appeal is in progress?
« Reply #1 on: November 29, 2011, 12:36:22 pm »

hi max i am no expert so don't take what i say as gospel but i see know reason why he cant move move i don't know of any rules that say this.
« Last Edit: November 29, 2011, 12:42:09 pm by nugnug »
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nugnug

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Re: Can a prisoner move while appeal is in progress?
« Reply #2 on: November 29, 2011, 12:41:12 pm »

hi max i am no expert so dont take what i say as gospel but i see know reason why he cant  move i don't know of any rules that say this.
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HaveHope

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Re: Can a prisoner move while appeal is in progress?
« Reply #3 on: December 02, 2011, 01:10:59 pm »

Hello maxpitcher, and welcome to the forum.  I dont think there is a simple answer to your question.  Your friend should seek the advice of his solicitor/legal team.  He may be in a Cat B prison which has a Cat C wing.  The appeal process is a slow.  The request to be moved to a Cat C prison, would depend on whether there was spaces available, prisons are full to the brim and a request to move may take some time.  I think he should be asking his solicitor if he put in a transfer request would it affect his appeal, as in could a transfer request delay his appeal.  I think the answer depends on individual cases, as there might be pro's and con's for the prisoner to consider.
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