QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT SITTING AT LEEDS
1 Oxford Row, Leeds LS1 2BG
B e f o r e :
| THE QUEEN on the application of JAMIE HOWDEN
| THE SECRETARY OF STATE FOR JUSTICE
THE CHIEF CONSTABLE OF SOUTH YORKSHIRE
Mr Sam Karim (instructed by the Treasury Solicitor) for the defendant
The interested party was not present or represented at the hearing
Hearing date: 11 October 2010
Crown Copyright ©
10. When deciding whether a recall is appropriate, consideration is given to current behaviour and how this fits in with the index offence and any previous offending. Risk factors, response to supervision and compliance to licence conditions are also taken into account.
11. Considerable weight is placed on the Request for Recall Report provided by an Offender Manager given that they supervise and are in close contact with the prisoner upon their release and are in the best position to assess risk. It is clear from the report in this case that careful consideration was given to the decision to request a recall given that the claimant was not arrested in relation to the alleged offences. Rather than take the decision to request a recall on immediate receipt of information from the police, the claimant was moved from the area in order to obviate any immediate risk whilst further confirmation was sought from the police and to enable proper consideration of the intelligence in the context of the claimant's offending behaviour. Prior to making the decisions to move the claimant and to subsequently request his recall, his Offender Manager sought advice from senior mangers at Probation who were concerned that, together with the claimant's association with drug dealers, the intelligence suggested that his risk of reoffending and harm to the public had increased.
12. The pattern of the Claimant's previous behaviour and nature of the index offences suggests gang links. The index offences, which were committed as part of a group enterprise, involved the Claimant punching his female victim in the face and discharging a sawn off shotgun at the door of her property. There is also evidence that the Claimant had taken a large hunting knife to the scene suggesting pre-planning. The information received from the police demonstrated the same violent behaviour of assault and threats using a firearm. Further, the Claimant has proven adjudications for assaulting other prisoners whilst in custody and he has been assessed as posing a high risk of harm to the public.
13. In light of this material before the caseworker, the decision was made to recall the Claimant for breach of his licence condition to be well behaved. The Claimant had made admissions to the Offender Manager that he had been associating with known drug dealers and he had come to the attention of the police again for the same bad behaviour as his previous offending.
14. Probation had spoken with the police about the recent intelligence regarding the Claimant's behaviour and had received a written statement from DS Slater as to the credibility of the intelligence, which was considered reliable. This was supported by a senior officer in the intelligence unit. Following their investigations, Probation's concerns were such that they considered that the Claimant's risk had increased unacceptably. At the time the caseworker in my section considered the Claimant's recall, the police had already provided all the information they could disclose about his behaviour to Probation and this was before the caseworker.