HUNDREDS of prisoners could be set to launch compensation claims against the Government following a historic human rights judgement.
The European Court of Human Rights has ruled that the power of prison governors to extend jail sentences because of bad behaviour breached rights to a fair trial.
It said internal disciplinary hearings - in which governors sit as "judge and jury" and the prisoner has no right to legal representation - were not impartial or independent.
Legal experts have told The Northern Echo that the way is now clear for inmates past and present to launch individual civil claims against the Government.
The Echo understands this is likely to include a number of prisoners currently serving in the North-East's six adult jails, including Full Sutton, near York, and Durham's Frankland Prison.
Although no figures have been mentioned, a source close to the Prison Service said compensation claims could be about £90 for each extra day.
Last night, North-East Euro MP Martin Callanan said he was "absolutely disgusted" by the news.
"Why should money which could be used to employ more policemen on the beat go into the pockets of people who have already been convicted of offences?" he asked.
"The European Court of Human Rights has made a series of bizarre judgements over the years and this is the latest in a long line.
"It seems to be obsessed with the rights of criminals rather than the victims."
Instructions have been issued by the Prison Service to governors not to use the sanction of extended jail sentences against anyone committing an offence until the Government decides how it should adopt the European ruling.
The Home Office is expected to make a statement later this week, saying the ruling will be retrospective dating back two years to when the European Convention on Human Rights came into force.
Simon Creighton, of London solicitors Bhatt Murphy, who was part of the legal team that won the judgement, said: "There will be people who are serving these sort of punishments at the moment who are entitled to be released immediately. There will also inevitably be people looking for compensation for time already served and a number for who compensation is appropriate."
He said that anyone making a claim would have to prove they would have been found not guilty of a specific offence had they been afforded proper legal representation.
Terry Fullerton, branch secretary of the Prisoner Officers Association (POA) at Holme House Prison, near Stockton, said: "This ruling makes it illegal for prisoners now to be given additional days on their sentence.
"The prisoners are aware of this and there will be claims for compensation from prisoners who have served longer than they should have done."
The POA estimates that "hundreds if not thousands" of past and present prisoners have been given up to six weeks extra in jail.
Latest figures for the year 2000 show that some 63,000 extra days were added to prisoners sentences nationally.
The power typically extends to serious offences committed inside such as assault and rape.
A Prison Service spokeswoman said it was now considering the legal implications of the judgement, but did have the option of an appeal.
She said that other punishments remained available for anyone breaking Prison Service rules, such as the taking-away of privileges awarded to inmates and solitary confinement.
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