Who? Erica Restall, 27-year-old associate and head of the public law department in the Bradford office of Switalski's.


Why is she in the news? Represented Brett James, a prisoner serving an indeterminate sentence for the protection of the public (IPP), whose release was ordered by Mr Justice Collins. The judge said his continued detention was unlawful. Mr James was given an IPP in 2005 for causing grievous bodily harm and ordered to serve a minimum of one year and 295 days, after which he becomes eligible for release if he can show he is no longer a threat to the public. His tariff expired in July, but Doncaster prison, where he is being held, does not have the facilities to enable him to follow a course in order for him to show the Parole Board he is safe. Earlier this year, the High Court ruled that the failure of the Secretary of State to introduce adequate resources to meet the needs of IPP prisoners was a breach of domestic law. Mr James's release has been stayed pending an appeal by the Secretary of State; it will be linked with the appeals of the earlier cases of Walker and Wells.



Background: Law degree at Leeds University, followed by the legal practice course at Leeds Metropolitan University. She qualified in 2004 after completing a training contract at her current firm.



Route to the case: 'This was a referral from our crime and prison law department.'



Thoughts on the case: 'Brett has been left in an unfortunate position - having served the mandatory punitive part of his tariff, he is now eligible for release, but faces the prospect of indefinite detention due to factors which are entirely outside of his control. It's unacceptable that the secretary of state introduced IPPs in 2005 without adequate resources. I think the government has been caught on the hop to a degree - they didn't anticipate how widely the sentences would be used by judges, especially in the shorter sentences. If the Court of Appeal upholds this case, there will be massive wider implications because it will set a precedent for hundreds of others who are similarly detained. The government may face a huge public backlash and also potentially expose itself to numerous compensation claims.'



Dealing with the media: 'This is something I am absolutely not used to. I realised the huge implications of the decision, but didn't expect what has happened. By and large the papers have presented a balanced view. While I appreciate the negative view that's been taken by some in the press, at the end of the day it's not my client's fault. He has served the mandatory part of his sentence and paid his debt to society.'



Catherine Baksi