CASE OF ALEXANDER v. THE UNITED KINGDOM
No violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-1-a - After conviction)
Nona Tsotsoria;Paul Mahoney
5. The applicant was born in 1986 and is currently in detention at HMP Risley. 6. On 17 April 2007, after pleading guilty to counts of rape, indecent assault and robbery, the applicant was sentenced to an indeterminate sentence for the public protection (“IPP”). The minimum term that the applicant had to serve before being eligible for release (the “tariff”) was set at 4 years 273 days. His tariff was due to expire on 16 January 2012. 7. On 16 October 2007 the applicant completed alcohol in cell work and on 31 October 2007 he completed an alcohol awareness course. 8. In March 2008 the applicant was transferred to HMP Wayland. From 30 May 2008 to 2 July 2008 he participated in the Enhanced Thinking Skills (“ETS”) course. 9. In November 2008 the applicant completed the Living with Loss course. 10. On 16 July 2009 the applicant completed the Core Sex Offenders Treatment Programme (“SOTP”). In a post-programme progress review dated 30 November 2009, further work to reduce his risk of reoffending was identified, namely full engagement in the Structured Assessment of Risk and Need (“SARN”) process and full engagement in further assessments for sexual offending programmes. 11. A SARN Report dated 8 April 2010 prepared by a forensic psychologist in training noted that the applicant was assessed at a high statistic and high dynamic risk of sexual reoffending. It recommended personality and psychiatric assessments followed by completion of the extended Sex Offenders Treatment Programme (“ESOTP”) in order to reduce his risk. It concluded that the risk presented by the applicant was not low enough for him to be transferred to open conditions. The applicant was placed on a waiting list for the ESOTP. 12. On 20 May 2010 the applicant was informed by the Parole Board that it had not directed his release on licence or transfer to open conditions as some risk factors were outstanding. It noted that the Secretary of State had identified the need for sex offending and alcohol awareness work to reduce the level of risk. The applicant’s next parole process was to commence in May 2011, with an oral hearing in November 2011. 13. On 13 September 2010 the applicant made a formal application to HMP Bure, where he was then detained, to ask whether it intended to run the ESOTP. He was advised in reply that the prison planned to run the ESOTP in around April 2011. The applicant was not selected to participate in the course. 14. On 13 July 2011 the applicant completed a further alcohol awareness course. 15. On 26 September 2011 the Parole Board decided, on the papers, not to direct the applicant’s release. It noted that the applicant had completed an accredited alcohol course, the ETS course and the SOTP and that he hoped to complete the Thinking Skills Programme (“TSP”) and ESOTP in the near future. It concluded: “You have been consistently well motivated to engage with all work identified as necessary for you. This is to your credit, as is your calm and personable approach. You have made some progress in that you now talk more openly and in more depth about your sexual offences. This has enabled you to work constructively with programme facilitators, and has provided a foundation on which to build in the ESOTP. You are motivated to complete that programme, and it is only available in the closed estate – any move to open conditions would therefore be premature. Release is, at present, out of the question. There is some lack of clarity around some of the risk factors in your case, and you yourself recognise that there is more to be done in terms of addressing risk ...” 16. In November 2011 the applicant completed the TSP. 17. By letter dated 1 December 2011, the applicant was informed that the Secretary of State had considered the Parole Board recommendation and agreed that the applicant was not suitable for release or transfer to open prison conditions. The next review period was set at twenty months, allowing eight months for completion of TSP, six months for completion of ESOTP and six months for production of a further SARN report. The review would therefore commence in October 2012 with a view to completion by July 2013. 18. In a Sentence Planning and Review Report dated 5 December 2011, it was recognised that ESOTP was a course that the applicant should concentrate on as part of his sentence plan. The report observed that the applicant’s need to improve his use of alternative styles of thinking had been addressed through his attendance at the TSP. The report further noted: “Alcohol was an area that was problematic before his incarceration ... He has completed an accredited alcohol course (TADS) and continues to work with CARATS to address this issue. Mr Alexander has completed TSP and reports following completion were positive ... His sentence plan also recommends that he is assessed for the Extended SOTP. I understand from the programmes department that due to lack of resources this remains an objective. However, I am confident that subject to local prioritization strategy this should be completed in 2013.” 19. The applicant’s tariff expired on 16 January 2012. 20. On 27 April 2012 the Prison Service notified the applicant’s solicitors that the applicant was listed on their database “as a priority for assessment” prior to the next ESOTP scheduled to commence in August 2012. The applicant was not selected to participate in the course. 21. On 24 May 2012 the applicant completed a “Change is Possible” group work session. On an unknown date, he attended a brick-laying course. 22. On 12 October 2012 the applicant made a formal application to HMP Bure to ask for an assurance that he would have a place on the next ESOTP. He was advised in reply that no such assurance could be given but that he was a “high priority”. 23. On 28 November 2012 the Prison Service advised the applicant’s solicitors that he would continue to be considered for the next group to participate in the ESOTP, in line with the prioritisation strategy. 24. On 18 December 2012 the applicant’s Parole Assessment Report commented on the work done to date and noted: “Unfortunately, Mr Alexander has yet to get a place on the [ESOTP] and it is hoped that he will in March 2013.” 25. In its recommendation, the report stated: “It is hoped that [the applicant] will be able to participate in the ESOTP (6 months in duration) that is scheduled for March 2013. Until that programme is completed and a further SARN written to identify whether further intervention is required to manage risk, there can be no change to his current assessments and there is no support for a move to less secure conditions at this time ...” 26. On 12 February 2013 the Parole Board decided on the papers not to direct the applicant’s release, deeming him still a risk to the public until he completed the ESOTP. Its report stated: “Through no fault of your own, you have been unable to complete ESOTP but it is anticipated that you will have the opportunity to do so in 2013.” 27. On 13 February 2013 the applicant was informed by HMP Bure programmes team that his placement onto the ESOTP expected to run in June 2013 would depend on the assessment process, which was ongoing, and on his level of priority. 28. On 11 March 2013 the applicant’s solicitors advised him that HMP Bure had informed them that the applicant would be assessed for a place on the ESOTP to commence in May 2013. 29. On 13 March 2013 the applicant was informed that the Parole Board decision of February 2013 was final and that the next review would commence in October 2013, with a view to a hearing in May 2014. 30. On 2 April 2013 the applicant was assessed as being suitable for the ESOTP. 31. On 10 April 2013 the applicant’s solicitors advised him that they had been informed by HMP Bure that he was a “relatively high priority” to complete the next ESOTP running at HMP Bure in May/June 2013. 32. In June 2013 the applicant was transferred to HMP Whatton. In February 2014 he underwent further assessments for the ESOTP in order for prison staff to decide whether he could access the ESOTP at another prison or whether he should undertake the course at HMP Whatton. 33. On an unknown date in autumn 2014 the applicant commenced the ESOTP at HMP Risley. He was due to complete the course in March 2015.