A SIXTEEN year-old girl robber is to seek compensation from the Home Office following a High Court ruling that she was unlawfully caged inside an adult prison.
Solicitors acting for the Accrington teenager say the claim will be for "significant" damages.
In a separate move the girl, known only as Miss F, is also to appeal to the Crown Court against the "excessive length" of her eight month sentence for robbery and assault.
The teenager, who cannot be named for legal reasons, spent two weeks in HM Prison, Risley, before being bailed on August 13 pending the High Court hearing.
She is now due to be taken to Styal Prison, which has a special wing for young offenders, to serve the rest of her sentence.
A warrant of commitment naming Styal was yesterday issued by Hyndburn magistrates.
Accrington Police said they were taking active steps to execute it and, once arrested, Miss F will be taken to Styal.
Peter King, a partner in Barlow Rowland Solicitors, Accrington, represented Miss F at Hyndburn Youth Court when she was sentenced to four months for robbery and a further four months for assault.
Fellow partner Allan Pickup said: "Notwithstanding the conduct which led to Miss F being sentenced, her rights to proper detention in an appropriate establishment suitable to her age should not be overridden. "Consideration will now be given to a claim for damages to compensate her for her treatment which, subject to the outcome of any Home Office appeal, has now been determined unlawful."
Miss F was represented in the High Court by Stoke-based lawyer Richard Wise, who specialises in prisoners' rights cases.
Mr Wise said prison governors throughout the country had been left in "some panic" by the judges' ruling that Home Office policy for the detention of young female offenders in adult prisons was unlawful.
He added: "I know at least two prisons are having special governors team meetings to try to work out what the judgement means and how they are going to implement it."
Home Office guidance issued to magistrates and prison governors says offenders under the age of 21 should be received in prison and then allocated to a young offenders centre.
Mr Wise said: "What the judgement says is they can't be routinely received in prison and mixed with the adult population.
"They should be segregated either by having special units within reception prisons or by going straight to young offenders centres, which is the position with boys."
Solicitors working on the separate appeal against sentence will argue that six months custody was the maximum the magistrates could have imposed.
Converted for the new archive on 14 July 2000. Some images and formatting may have been lost in the conversion.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article