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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Jones, R (on the application of) v The Parole Board [2010] EWHC 2462 (Admin) (08 October 2010) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2010/2462.html Cite as: [2010] EWHC 2462 (Admin) |
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QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT SITTING AT LEEDS
1 Oxford Row, Leeds LS1 2BG |
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B e f o r e :
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THE QUEEN on the application of MARK JONES |
Claimant |
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and |
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THE PAROLE BOARD |
Defendant |
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Mr Alan Evans (instructed by the Treasury Solicitor) for the defendant
Hearing date: 30 September 2010
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Crown Copyright ©
His Honour Judge Langan QC:
Introduction
Narrative
5. Mr Jones has anxious/avoidance personality traits and possibly some degree of social phobia; but it is difficult in the face of such heavy and chronic alcohol use to say anything definitive about his personality or other conditions. He describes himself as depressed but this is often a consequence of alcohol abuse and the secondary problems it brings.
6. Clearly the risk he poses to others if he resumes drinking is high. He has assaulted his mother numerous times, as well as having assaulted his uncle and a health professional who was visiting his uncle. These assaults have always taken place while he has been under the influence of alcohol.
Mr Jones has been described by prison officers as a polite and well mannered individual who gives no cause for concern. In fact whenever I have spoken to Mr Jones I am left with the same impression of him. However, whilst in custody he does not have the same temptations as he would in the community especially around alcohol.
Mr Jones is the first to admit that alcohol turns him into a violent and aggressive individual. He told me that he will abstain from alcohol in the future as he is fully aware of the risks connected to alcohol abuse. My assessment is that prior to any release from custody, Mr Jones should first be tested in open conditions, where the temptation of alcohol will be more available.
will need to be tested in less secure conditions under greater pressure and with increased temptation before he can clearly demonstrate his commitment to abstinence.
The writer said that she had encouraged the claimant to apply for the RAPt (Rehabilitation for Addicted Prisoners Trust) course, which could be completed in 3 to 6 months, after which "further recommendations to a transfer to open conditions could be considered." The claimant's view was, however, that he had done sufficient work to address his alcohol problem.
The hearing before the Board
Ms Jeffcott's evidence was that you should remain in closed conditions. She expressed her concerns that if you were at this stage moved to open you would quickly fail and be returned to closed. She considered that you should be reassessed to see whether you are suitable to undertake the P-ASRO and/or RAPt courses. She stated that your alcohol problem is both longstanding and serious and that she did not understand the reasons for your violence. She stated that you attribute your use of violence to alcohol, but failed to appreciate that alcohol was only the disinhibitor and not the cause of the violence. She considered the work that you have undertaken was not of a sufficient depth and she was not confident that you have internalised change or gained insight into the reasons for your violence.
She stated that it was difficult to state what your risk factors were until you had undertaken more work. She referred to a psychiatric report that had been commissioned at the time you were sentenced that offered a diagnosis of alcohol dependence syndrome and stated that it was difficult to know whether you had any personality issues because of the masking effect of the alcohol problems.
Ms Jeffcott's evidence was in stark contrast to the general tenor of the written reports and the panel was extremely concerned that you would have been unaware of the nature of her evidence prior to the hearing and would not be in a position to rebut the concerns she had expressed.
The decision of the Board
The panel is satisfied that it would be imprudent to ignore the cogent evidence from Ms Jeffcott that there has been an insufficient analysis of your risk factors and, in consequence, it is unclear as to whether you have undertaken the appropriate work to address them. Although alcohol is an obvious and significant factor, the panel is satisfied that it does not account for the totality of your offending and that there remain some unanswered[1] questions.
In the circumstances, the panel concluded that you continue to pose an unacceptably high risk of committing an offence that could cause serious harm and that the level of this is such that it could not be managed safely in the community. The panel considered whether it would be appropriate to recommend that you should be transferred to open conditions. It was satisfied that as you have not fully addressed your risk factors a transfer to open conditions would be premature.
The next p
anel would benefit from a full psychological assessment.
Discussion
Disposal
Footnote
Note 1 The text in fact reads ‘answered’, but everyone accepts that this is a typographical error. [Back]