Three solicitors are suing the police and Prison Service after being arrested and detained for storing a dictation device and memory sticks in the wrong lockers during prison visits.

The three lawyers were among five solicitors who were held at HMP Brixton in unconnected incidents, following a change in the prison’s procedure for storing possessions.

Two of the solicitors bringing the legal action are Simon Jowett, a partner at Wembley firm Tank Jowett, and Karen Struckley, partner at London firm Kalber Struckley. The third solicitor said they preferred not to be named.

Prison staff called the police after finding a recording device and memory sticks in the wrong lockers. Jules Carey, a partner at Tuckers in London who is bringing the action on behalf of the lawyers, said: ‘I can see no lawful basis for the detention – let alone the arrests – of these solicitors. It is also unlawful and wholly unacceptable to remove confidential professional material from solicitors.’

Carey has filed claims with the Metropolitan Police Commissioner and HMP Brixton for false imprisonment and unlawful interference with the lawyers’ legal files.

Jowett said: ‘I was held for four hours in total. It was very humiliating being carted off in the police van and being detained in the police station where we’ve advised suspects.

‘I was very annoyed that the police were so quick to arrest a bunch of defence lawyers. There was definitely no holding back, despite the fact that we are officers of the court. Once you’ve been arrested it stays with you for life; it will come up on CRB (Criminal Records Bureau] checks and if I go to America.’

Jowett said: ‘You can’t have a situation where defence lawyers, who are going into prison on a daily basis, can so easily find themselves getting arrested. The police and Prison Service have to think twice before arresting defence lawyers.’

Jim Meyer, vice-president of the London Criminal Courts Solicitors Association, said: ‘At face value these arrests constitute an affront to democracy, or are the result of rank stupidity, or both.’

A Metropolitan Police Service spokesman said the service would respond to the lawyers’ legal claim in due course.

A Prison Service spokesman said it is a criminal offence to possess, without authorisation, a mobile telephone or any other device capable of transmitting or receiving images, sounds or information.

He said: ‘We work hard to keep mobile phones and other contraband out of prisons. If individuals attempt to bring illicit items into prison they run a high risk of detection. We will confiscate any item found, and detain individuals while we notify the police.’