Hospitalised prisoner from Kilburn wins injunction banning his return to jail

Daniel Roque Hall was due to return to Wormwood Scrubs from University College Hospital

A severely disabled prisoner from Kilburn whose family claim his time spent in jail nearly cost him his life after he was rushed to hospital has won an injunction preventing him from returning to prison.

Daniel Roque Hall, of Willesden Lane, Kilburn, was sentenced to three years at Wormwood Scrubbs Prison (HMPW) in July after he was caught smuggling cocaine into the country following a holiday in Peru.

Mr Hall, 29, who suffers with Friedreich’s Ataxia (FA), requires round the clock care and support.

If sufferers of the condition, which weakens the muscles, do not receive the support they need the body can deteriorate very quickly.

Despite his family protesting to the prison service that he would not survive in jail, they insisted they could meet his needs.

But eight weeks later he was rushed to University College Hospital (UCH) after suffering heart trouble and has remained there since.

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Mr Hall was due to return to prison on New Year’s Day (Jan 1) but his lawyers obtained a high court injunction preventing his return.

They now have seven days before they must return to court to argue he should remain in hospital.

Speaking to the Times, his mother Anne said: “Daniel is in a worse condition now than before he went into prison.

“The hospital has met his needs and looked after him in an excellent way but it’s clear that the prison is unable to cope.”

Mr Hall will remain at UCH until January 8 when his family will seek a prolonging of the injunction and attempt to have his case heard in the court of appeal.

They hope to ensure that Mr Hall spends the rest of his three year sentence in an environment that can look after his needs or under house arrest at home.

A spokesman for Ataxia UK, a national charity highlighting awareness of the condition, previously told the Times a three year sentence in prison was the equivalent to a “death sentence.”

A Prison Service Spokesman said they would not comment on individual cases, but added: “We have a duty of care to those sentenced to custody by the courts. As part of that duty of care, we ensure that prisoners have access to the same level of NHS services as those in the community.”