Great Train Robber Ronnie Biggs set for release next July

His lawyer Giovanni Di Stefano claims that the 78-year-old is entitled to be released on parole as he has served more than one third of his sentence.

He said last night that the Ministry of Justice had sent Biggs's case to the Parole Board for consideration of a possible release in July 2009.

Frail: This is the first picture of Ronnie Biggs inside Norwich Prison. It was taken a week ago by a hidden camera as he sat in an interview room

'They are not counting the time he spent in custody in Brazil and Barbados and of course I will press them on this as it would make his release date on parole December 2008.

'Ronnie has spoken a few words to his son Michael and said that he can now see the end of this nightmare.

'Common sense has prevailed.'

Healthy: Biggs in his younger days

Biggs was sentenced to 30 years for his part in the robbery of a Glasgow to London mail train on August 8, 1963, when a 15-strong gang made off with £2.6million in used banknotes.

He escaped from Wandsworth prison in a furniture van after just 15 months in jail.

He returned to Britain voluntarily after more than three decades on the run in Spain, Australia and then Brazil, and was imprisoned in Belmarsh high security jail in south-east London.

He was then transferred from Belmarsh to a unit at Norwich jail.

Mr Di Stefano says Biggs was convicted when no parole scheme was in operation, and the criterion at the time of his sentence was that parole be considered at the one third stage.

'Mr Biggs' co-defendants benefited by the scheme,' he has said.

'Case law demands that Mr Biggs be treated in accordance with the law at that time, namely parole consideration at the one third stage.'

The Ministry of Justice and the Parole Board both said they could not comment on individual cases.