6: PRISONER’S RIGHTS
(i) THE KEY DISTINCTION – PERSONAL LIBERTY V RESIDUAL LIBERTY
Lazarus: conception of liberty deprivation |
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Summary: article concerns the legal status of a prisoner in the UK and argues that applying human rights, legality and proportionality principles, the legal status of a prisoner needs to rest on a DIVISIBLE conception of liberty which clearly articulates the KEY DISTINCTION; it is important that any conception of a prisoner’s legal status clearly distinguishes between the liberty lost/rights restricted as a consequence of the sentence being imposed as opposed to the rights restricted as a result of the administration of prison; for this to be achieved, the PURPOSE of a custodial sanction needs to be distinguished from the PURPOSE of prison administration; this article makes a comparison with Germany in order to demonstrate that the conception of the prisoner’s legal status in the UK is currently UNSTABLE as it often fails to recognise that liberty is divisible and there is no recognition of the purpose behind the administration of prison, causing the legal status of English prisoner’s to lack a foundation which is firm enough to satisfy the principles of human rights, legality and proportionality |
Introduction:
A road map for determining the legal status of a prisoner
Germany: divisible and dual conceptions of liberty deprivation
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