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John Worboys’ victims weren’t only failed by the Parole Board John Worboys’ victims weren’t only failed by the Parole Board
(about 13 hours later)
“Frozen in shock, disgusted and traumatised by the thought that Worboys could be on the streets so soon.” That’s how one of John Worboys’ victims described her feelings since she learned in January that the man known as the “black-cab rapist” would be released from prison. Her shock has been widely shared. How could Worboys – jailed indefinitely back in 2009 for drugging, raping and sexually assaulting several women in his taxi – be released just nine years later? That decision by the Parole Board was today overturned by the high court.“Frozen in shock, disgusted and traumatised by the thought that Worboys could be on the streets so soon.” That’s how one of John Worboys’ victims described her feelings since she learned in January that the man known as the “black-cab rapist” would be released from prison. Her shock has been widely shared. How could Worboys – jailed indefinitely back in 2009 for drugging, raping and sexually assaulting several women in his taxi – be released just nine years later? That decision by the Parole Board was today overturned by the high court.
It is highly unusual for a prisoner to be released directly from a maximum security prison, and professionals who worked with Worboys referenced his skills in “manipulation” and “impression management”, suggesting he is someone who may be more than adept at gaming the system. Moreover, Worboys spent six years after his conviction protesting his innocence and trying to secure his release.It is highly unusual for a prisoner to be released directly from a maximum security prison, and professionals who worked with Worboys referenced his skills in “manipulation” and “impression management”, suggesting he is someone who may be more than adept at gaming the system. Moreover, Worboys spent six years after his conviction protesting his innocence and trying to secure his release.
Because the Parole Board did not release any reasoning behind its decision, Worboys’ victims have been left completely in the dark as to how a man who only relatively recently admitted his guilt for the crimes of which he’d been convicted could have been told “you now take full responsibility for your offending behaviour,” and “you have learned to be open and honest with professionals”. These judgments would have been critical in the decision to release him. But thanks to a brave judicial review of the decision, taken by two of Worboys’ victims, we now have an idea as to how the Parole Board came to decide to release a dangerous and calculating rapist, who the police believe has committed dozens of similar offences. Today’s high court ruling makes for damning reading.Because the Parole Board did not release any reasoning behind its decision, Worboys’ victims have been left completely in the dark as to how a man who only relatively recently admitted his guilt for the crimes of which he’d been convicted could have been told “you now take full responsibility for your offending behaviour,” and “you have learned to be open and honest with professionals”. These judgments would have been critical in the decision to release him. But thanks to a brave judicial review of the decision, taken by two of Worboys’ victims, we now have an idea as to how the Parole Board came to decide to release a dangerous and calculating rapist, who the police believe has committed dozens of similar offences. Today’s high court ruling makes for damning reading.
The Parole Board’s chair, Nick Hardwick, who has been forced to resign, always maintained that under the law, the panel that considered Worboys’ case had to take a view of his risk to the public based only on evidence relating to the crimes of which he had actually been convicted. And the Crown Prosecution Service decided only to take a handful to court – even though other cases might well have met the evidentiary bar for prosecution. The Parole Board’s chair, Nick Hardwick, who has been forced to resign, always maintained that under the law, the panel that considered Worboys’ case had to take a view of his risk to the public based only on evidence relating to the crimes of which he had actually been convicted. And the Crown Prosecution Service decided only to take a handful to court – even though other cases might well have met the evidentiary bar for prosecution.
But the high court ruling makes clear that even on the basis of the crimes of which he was convicted, there are serious questions to be asked of the panel’s deliberations. The dossier they considered was missing critical information that would have allowed panel members to probe the honesty of Worboys’ account, such as the prosecution’s opening statement in his criminal trial. It was the Ministry of Justice’s job to prepare this dossier, but panel members should have asked for it.But the high court ruling makes clear that even on the basis of the crimes of which he was convicted, there are serious questions to be asked of the panel’s deliberations. The dossier they considered was missing critical information that would have allowed panel members to probe the honesty of Worboys’ account, such as the prosecution’s opening statement in his criminal trial. It was the Ministry of Justice’s job to prepare this dossier, but panel members should have asked for it.
The Parole Board is an independent body that carries out risk assessments on prisoners to determine whether they can be safely released into the community.The Parole Board is an independent body that carries out risk assessments on prisoners to determine whether they can be safely released into the community.
It manages the early release of prisoners serving fixed-length sentences of four years or more; the release of prisoners who are serving life sentences or indeterminate sentences for public protection; and the re-release of prisoners who have been given life or indeterminate sentences and were then re-imprisoned.It manages the early release of prisoners serving fixed-length sentences of four years or more; the release of prisoners who are serving life sentences or indeterminate sentences for public protection; and the re-release of prisoners who have been given life or indeterminate sentences and were then re-imprisoned.
Some prisoners seeking release may have to attend a hearing before Parole Board members.Some prisoners seeking release may have to attend a hearing before Parole Board members.
Up to three members of a panel will decide whether to release the prisoner based on a file of documents including information on the inmate’s behaviour in prison, their plans once released and risk of committing further crimes. Medical, psychiatric and psychological evidence can also be heard.Up to three members of a panel will decide whether to release the prisoner based on a file of documents including information on the inmate’s behaviour in prison, their plans once released and risk of committing further crimes. Medical, psychiatric and psychological evidence can also be heard.
As well as the prisoner, a solicitor, psychologist and witnesses could attend. The victim of the prisoner’s offences may also be present.As well as the prisoner, a solicitor, psychologist and witnesses could attend. The victim of the prisoner’s offences may also be present.
The Parole Board has 234 members who make the assessments and decisions and employs 120 members of staff to support them.The Parole Board has 234 members who make the assessments and decisions and employs 120 members of staff to support them.
The ruling also comments on the inconsistencies in Worboys’ account to the panel, and asks why they weren’t exposed or explored by it – particularly its lawyer – and concludes: “It is a fair reading of the notes of the hearing that the credibility and reliability of [Worboys’] account was not probed to any extent, if at all.” Moreover, it says that the panel should have taken into account evidence relating to Worboys’ other potential offences in assessing his risk to the public. That evidence has surfaced in other high court cases and was significant – for example a “rape kit” found at his home address – and it was amassed long before the relationship breakdown he claims triggered the crimes of which he has been convicted. The ruling also comments on the inconsistencies in Worboys’ account to the panel, and asks why they weren’t exposed or explored by it – particularly its lawyer – and concludes: “It is a fair reading of the notes of the hearing that the credibility and reliability of [Worboys’] account was not probed to any extent, if at all.” Moreover, it says that the panel should have taken into account evidence relating to Worboys’ other potential offences in assessing his risk to the public. That evidence has surfaced in other high court cases and was significant – for example a “rape kit” found at his home address – and it was amassed long before the relationship breakdown he claims triggered the crimes of which he has been convicted.
The high court judges stop short of saying the Parole Board decision was wrong. But read the ruling, and you cannot fail to ask how on earth the panel came to its view that Worboys had adequately demonstrated he was safe to be released.The high court judges stop short of saying the Parole Board decision was wrong. But read the ruling, and you cannot fail to ask how on earth the panel came to its view that Worboys had adequately demonstrated he was safe to be released.
The Parole Board has made mistakes, and should be held accountable. But Hardwick’s forced resignation has the ring of a politician looking for a fall guy. Hardwick has been clear about the need for reform and greater transparency. There is a risk that his resignation allows the justice secretary, David Gauke, to deflect difficult questions he himself must answer. Why did the MoJ fail to include all the relevant information in the dossier that went to the board? Gauke is also ultimately responsible for the well-documented failings of the probation service to alert Worboys’ victims to his release. Why shouldn’t he take responsibility for these failings, as Hardwick has?The Parole Board has made mistakes, and should be held accountable. But Hardwick’s forced resignation has the ring of a politician looking for a fall guy. Hardwick has been clear about the need for reform and greater transparency. There is a risk that his resignation allows the justice secretary, David Gauke, to deflect difficult questions he himself must answer. Why did the MoJ fail to include all the relevant information in the dossier that went to the board? Gauke is also ultimately responsible for the well-documented failings of the probation service to alert Worboys’ victims to his release. Why shouldn’t he take responsibility for these failings, as Hardwick has?
Gauke today also announced plans to make parole decisions far more transparent. Unlike the courts system, the Parole Board has operated under a cloak of secrecy for too long. Worboys’ victims shouldn’t have had to crowdfund a high court case to find out how the release decision was made.Gauke today also announced plans to make parole decisions far more transparent. Unlike the courts system, the Parole Board has operated under a cloak of secrecy for too long. Worboys’ victims shouldn’t have had to crowdfund a high court case to find out how the release decision was made.
But transparency is not enough. The board’s independence is paramount: decisions about a prisoner’s release should not be subject to either ministerial meddling or the court of public opinion. What today’s ruling reveals, though, is the urgent need to review the robustness of the system. Right now, the Parole Board sits as a non-departmental public body sponsored by the MoJ. Given the importance of its decisions, there is an argument for moving it into the courts system, with more involvement from judges in serious and complex cases such as Worboys’.But transparency is not enough. The board’s independence is paramount: decisions about a prisoner’s release should not be subject to either ministerial meddling or the court of public opinion. What today’s ruling reveals, though, is the urgent need to review the robustness of the system. Right now, the Parole Board sits as a non-departmental public body sponsored by the MoJ. Given the importance of its decisions, there is an argument for moving it into the courts system, with more involvement from judges in serious and complex cases such as Worboys’.
But the biggest takeaway here is surely the extent to which the system remains set against victims. The two women who took this case, known as DSD and NBV, had already spent years in the court system trying to secure justice for their terrible treatment at the hands of the Metropolitan police. They should not have had to return to get this decision overturned; and that, ultimately, is the sign of a system not working for victims.But the biggest takeaway here is surely the extent to which the system remains set against victims. The two women who took this case, known as DSD and NBV, had already spent years in the court system trying to secure justice for their terrible treatment at the hands of the Metropolitan police. They should not have had to return to get this decision overturned; and that, ultimately, is the sign of a system not working for victims.
• Sonia Sodha is the Observer’s chief leader writer• Sonia Sodha is the Observer’s chief leader writer
Rape and sexual assaultRape and sexual assault
OpinionOpinion
John WorboysJohn Worboys
CrimeCrime
UK criminal justiceUK criminal justice
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