Matthew Howarth recently successfully represented the SSJ on defence of a claim for false imprisonment claim, in relation to a 205 day recall to prison. The Decision actioned by the Probation Services for an individual who had failed to keep in contact with his Offending Manager.
The Claimant, as is normal in this cases, questioned the application of R (Goldsworthy) v Secretary of State for Justice [2017] EWHC 2822 (Admin) and whether or not if (1) there were reasonable grounds for concluding that there was a breach of his licence conditions, and, (2) in all the circumstances, his recall was necessary for the protection of the public, because of the dangers posed by the prisoner when out on licence.
The case was unique in that the second limb of Goldsworthy was challenged, in circumstances where the recall was actioned during the Covid-19 lockdown and there was less face to face contact between those on licence and their Offender Managers.
The Claimant’s argued that, given face to face contact could not take place, other methods of contacting the Claimant (and not just through his broken phone) should have been used.
HHJ Saggerson dismissed the claim on the basis as set out by the SSJ. The the Claimant was obliged to keep in contact with his Probation Manager as part of his licence conditions and the recall was both reasonable and necessary.
For more information on, or to instruct Matthew Howarth, please contact Ty Price.