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Wednesday, March 03, 2010

Jon Venables, the MoJ, and the rule of silence

Jon Venables, the MoJ, and the rule of silence



Justice Secretary Jack Straw was interviewed on the recall of Jon Venables to custody.

Jon Venables, who at the age of 10 murdered James Bulger, has been recalled to custody after breaching the terms of his licence. Venables was one of two convicted of the murder. He was released from prison on licence in 2001.

Jack Straw interview:



A Ministry of Justice spokesperson said:

'We can confirm that Jon Venables has been recalled to custody following a breach of licence conditions.

'Offenders on licence are subject to strict conditions; if they breach those conditions they are subject to immediate recall.

'There is a worldwide injunction in place that prohibits any reporting including reporting on the internet, that could identify Jon Venables or his location.'


You will note that in the press interview Jack Straw spoke about the alleged breach of life licence conditions, whereas the MoJ spokesperson refers to a actual breach and not alleged breach.

The position should rightly be alleged because it falls to the Parole Board to determine whether there has in fact been a breach of licence conditions. Jon Venables should have had the gist of the reasons for his recall to prison attached to the arrest warrant, signed by Jack Straw, to enable his lawyer to challenge the recall. When I was subjected to a recall the reasons, unlawfully, were not attached to the arrest warrant and I received damages in the High Court for this oversight by the Prison Service.

If the gist of the reasons have already been supplied to Jon Venables, I fail to see why the MoJ is keeping them secret from the media. It could be that he has not breached any licence conditions at all. For example, if his supervising probation officer believes that his risk level has become unacceptable he can be recalled to prison for the Parole Board to decide the issue.

It is worth bearing in mind that this recall breaches Jon Venables human rights. No other country in Europe has a life licence scheme whereby released lifers are kept on an elastic band which can be yanked at any time. In other contries in Europe, when a lifer is released the sentence ends. In this country the sentence is ongoing until the lifer dies.

As for the worldwide injunction, they're having a laugh! If I wished to publish which prison he is presently being kept in that is my business. My blog is hosted in the US and the principle there is that freedom of speech overrides all other considerations. I would prefer that the MoJ was honest about this and other issues in relation to this case.

Here is a prison of interest...

UPDATE: One of Jon Venables licence conditions was that he did not attempt to or make contact with Robert Thomson.

Related content...

Tainted by the James Bulger legacy

UPDATED UPDATE: I contacted the MoJ press office and pointed out how bad it looked for the MoJ to not give the media the gist of the allegation(s) against Jon Venables. I have since heard it on the radio that he will be giving the gist of the reasons in due course.

ITV NEW is reporting a source is claiming that the Jon Venables has been drinking and taking drugs and that there was a violent incident which led to his being recalled.

When I was recalled similar allegations were made against me and these could not be backed up when my barrister questioned the probation officer at my Parole Board hearing. I was then re-released.

Jon Venables is vulnerable to a risk averse Parole Board, still reeling from criticisms over the Anthony Rice and Sonnex cases.

Jack Straw talks about justice seen to be done, but refuses to do it in relation to providing the gist of the reasons for recall.

Related content...

Erwin James: Jon Venables and the modern justice system

Also

Alan Travis Jon Venables's return to prison is a setback for the cause of prison reform and rehabilitation

and

Pressure grows for answer to why Jon Venables is behind bars

6 comments:

Devonshire Dumpling said...

I understood Venables recall to prison was to do with drugs. If this is true then I can't see human rights coming into the equasion.

Charles Cowling said...

Thanks for this, John. Been wondering all day about this -- and waiting for you to post.

jailhouselawyer said...

DD: It was reported during my recall that I was in possession of cannabis. And when the representative for the Home Office sought to ask me a question in relation to this allegation, the judge told me what I already knew "You don't have to answer that question".

Mere possession of cannabis is not a ground for recall, unless drugs were a feature in the original crime.

Also, remember I have been charged with crimes but not recalled because the nature of the offences have to have a direct link with the original crime.

Charles, I know bits and pieces but not the full story yet. Perhaps, tomorrow I will be able to shed more light on things...

IRONSIDE said...

Hi John and DD..I am not around much these days but thanks for the update.. I hope you guys are all well and my friend Rocky is keeping you safe John.

Anonymous said...

there have been rumours in the past that thompson had committed suicide, so that would rule out venables contacting thompson being the reason for his recall

Anonymous said...

I think the public are fully entitled to know why he has been recalled.