Ruling may open the door

Prison Ruling Affects 4,500 Young Men

BBC News has learned that prison governors have been told that, under the terms of the judgment, it may be that thousands of offenders under the age of 21 are being held unlawfully.

One informed source said senior prison staff were "in a state close to panic" at the possible implications.

The court case was brought on behalf of a 16-year-old girl who was sent to Risley Prison at the start of an 8-month sentence for robbery, assaulting a police officer, disorderly behaviour and other offences.

The Home Office admitted that the practice of sending teenage girls to adult prisons in this way was routine because there are no female young offenders' institutions.

The judges said on Tuesday that it was unlawful because the law clearly states that no-one under 21 can be sent to prison. Mr Justice Sedley and Mr Justice Astill said the Home Office "may be able to consider what it can and should do to meet the legal situation as we hold it to be".

It is understood that a senior Prison Service executive, Tony Pearson, now accepts that the ruling covers men as well as women.

This could pose a big problem. There are more than 4,500 men under 21 in adult jails because there are no places for them in young offenders' institutions. Technically, they are being held unlawfully and may be entitled to damages.

Fran Russell: "Young offenders will be able to apply for bail"

The campaign group the Howard League for Penal Reform, which says the practice is in breach of the UN Convention on the Rights of the Child, is to present a report to the Home Secretary in October.

Speaking about the ruling, Fran Russell of the League said: the youngsters concerned would not be able to appeal against their sentences, but would not have to serve them in their present accommodation.

"This means either the Home Office are going to have to release them immediately or transfer them into young offenders' institutions - or face a number of applications for immediate release."

The Prison Service is anxiously awaiting the court's written judgment, which is expected on Friday.