Prisoners freed after court ruling

Ruling affects how governors deal with remission

Ten prisoners have been released from Northern Ireland's jails after a European Court ruled their rights were abused.

The inmates were due to be released earlier this month but lost their remission after being accused of minor offences while in prison.

However, the European Court of Human Rights held that the adjudications by prison governors were unlawful because the prisoners' right to a fair trial had been infringed.

A prison service spokesman said: "Following the ruling, the Northern Ireland Prison Service sought legal advice and this suggested that a governor's power to award loss of remission was in contravention of the Act.

Other cases are now being reviewed and sentences recalculated in the light of the ruling

Prison service spokesman

"Ten prisoners who would have normally been released had they not lost remission were released today.

"Other cases are now being reviewed and sentences recalculated in the light of the ruling."

The head of the prison service said he was disappointed by the European Court ruling.

But Peter Russell said was confident order within prisons would not be affected.

Legal challenge

The decision to release the prisoners on Tuesday came hours after a judicial review application by a prisoner who was serving a six month sentence for burglary.

His release date was 16 July but it was put back to 6 August after he lost 21 days remission for a breach of prison discipline.

The inmate's barrister argued, during an emergency sitting on Monday night, that his client should be released immediately in the light of the European Court ruling which led to the authorities in England and Wales deciding to release 900 prisoners in a similar position.

The prison service opposed the application and Mr Justice Girvan adjourned the action until Tuesday afternoon.

But it did not proceed after the man's solicitors were informed he was being released.