Latest news with #ProbationService
Daily Mirror
a day ago
- Politics
- Daily Mirror
Grooming beast must stay in prison for raping schoolgirl, Justice Sec orders
Shahmeel Khan's victim - a teenager at the time she was raped - welcomes the decision to keep him locked up, 14 years after he was jailed in a huge Telford grooming gang investigation A rape victim has told of her relief after hearing her sex gang attacker must stay locked up despite finishing his sentence. Shahmeel Khan, 37, has been inside for 14 years for repeatedly raping an A-level student and armed robbery. The teenager was one of over 1,000 girls exploited by mainly Asian paedophiles in Telford, Shropshire, in a scandal exposed by the Sunday Mirror. Last night she said a decision to block Khan's move to an open prison was a 'huge weight off my shoulders'. Justice Secretary and Lord Chancellor Shabana Mahmood vetoed a Parole Board recommendation because of public safety fears and his drug abuse. After reading the Parole Board report on Khan, victim Kate Elysia said: 'I couldn't see anything that showed he understood his sexual offences. I was also really unimpressed that two witnesses had suggested he wasn't safe to be released but that he should be in open conditions so that he could be 'tested'. 'So they are literally ready to gamble with his risk of sex offending. I thought that was disgraceful, dangerous risk-taking on their part. I've always remained aware of how dangerous that man was, those risks don't go away.' Khan was convicted under West Mercia Police 's Operation Chalice which led to a handful of convictions of Telford sex gang members before being wound up to save money. In 2018 we exposed his father Shahzad 'Keith' Khan as a paedophile who abused girls in the town over four decades. The Parole Board recommended Khan junior's transfer to open conditions in April after hearing from two witnesses who suggested the move despite concerns about his drug intake because he was 'unlikely to abscond'. April's review was the third by the Parole Board since 2015, meaning he has spent another 10 years inside for public protection since he was first eligible for release. At the time of his offending, Khan was said to be violent, controlling and 'unable to manage strong emotions'. Khan had been moved to an open prison in June 2021 but 'was returned to the closed estate after one month due to concerns about comments to a member of staff'. Kate – not her real name – helped police jail him and other abusers and has written a book called The Patchwork Girl which is due out in January. But she revealed that she no longer has the right to be told about Khan's future release because he has now served the 10 years he received for raping her. The Probation Service told her: 'Unfortunately, once the sentence relating to you has ended, we do not have a legal basis under which the Probation Service's Victim Contact Scheme can continue to provide you with information for SK. I therefore regret to inform you that this means our contact, regarding SK, will end on 18 June.' Kate said: 'No rights really angered me. No right to stable mental health. No right to a normal life without having to look over my shoulder. No right to feeling safe in my home or community. It's not just about right it's about risk. Risk to me. Risk to my family. Risk to my children. Risk to the public. If they control what information I am allowed to know legally then the law has put him, the dangerous offender, the one in control.' The Ministry of Justice said: 'Public protection is our number one priority which is why the Lord Chancellor has blocked Shahmeel Khan's transfer to an open prison.' A government review last week found that child victims of rape gangs in towns like Telford were let down by the system for decades. Home Secretary Yvette Cooper announced a national inquiry which is due to take around three years. More than 1,000 dropped child sex abuse cases are expected to be re-investigated by police.
Sunday World
a day ago
- Sunday World
Man who stabbed father and son at his next door neighbours' party is spared jail
The defendant, aged 17 at the time, pleaded guilty to two counts of assault causing harm stemming from the incident on May 19, 2020 at a Dundalk housing estate. A man who stabbed a father and son after being asked to leave a party taking place next door to his home has avoided imprisonment. The defendant, aged 17 at the time, pleaded guilty to two counts of assault causing harm stemming from the incident on May 19, 2020 at a Dundalk housing estate. A sentence hearing at the circuit court heard that while the accused's initial engagement with the Probation Service had been poor and he had been assessed at high risk of reoffending, he had made progress subsequently during two-and-a-half years' probation supervision. Dundalk Courthouse News in 90 Seconds - June 21st Judge Dara Hayes imposed consecutive one year, nine-month sentences on each charge, conditionally suspended for three-and-a-half years. The defendant had been asked to leave a party next door to his family home. He did so before returning to get cigarette filters. He stabbed the young man hosting the party and during a scuffle when the victim's father attempted to detain him until Gardaí arrived, he stabbed this man too. The younger man required stitches. His father didn't need hospital treatment. Both recovered and neither wanted to make a Victim Impact Statement. Judge Hayes said they were unprovoked attacks. It was a serious matter to go with a knife and then use it. Fortunately, the injuries were not more serious. The accused made some admissions at the time. He had one previous conviction for Section 3 possession of drugs and one for Section 6 public order. His mother died this year and his father in tragic circumstances when he was aged 9. The judge continued that aggravating factors were the use of a knife. The defendant was a child in law at the time. There were two different victims so the sentences should be consecutive. The court noted 'substantial progress towards rehabilitation'. As order was made as outlined.
Daily Mail
3 days ago
- Daily Mail
Failed Albanian asylum seeker who worked illegally in Britain dodges jail after hitting man outside a nightclub with a corkscrew
A failed Albanian asylum seeker who struck a man with a corkscrew in a fracas outside a nightclub has walked free from court. Meklant Braha arrived in the UK after sneaking onto a boat to cross the English Channel three years ago. A court heard he was refused asylum in 2023 but is appealing the decision and has been working in his uncle's bar in a seaside town. Magistrates heard that after finishing a shift at the bar in Bournemouth, Dorset, the 20-year-old claimed he saw a fight in the vicinity of the town's Cameo nightclub and stepped in to help. But a drunken Braha said he felt threatened and grabbed the corkscrew that was in his pocket to 'fight his way out'. Robert Salame, prosecuting, told Poole Magistrates' Court: 'A fight occurred outside Cameo nightclub between two individuals, the defendant and another. 'It was following an argument that the fight occurred where the defendant struck a male with a corkscrew bottle opener.' Braha told police he had the corkscrew in his pocket from work and forgot it was still in there. He was held in custody for seven days while checks were carried out into his immigration status. The court heard he was aged 17 when he made his own way from Albania to France and then crossed the Channel where he handed himself in to authorities to claim asylum. He claims he is being pursued by people that could kill him in Albania. It is not known why his claim for asylum was refused but he is appealing. Isobel Laughton, from the Probation Service, told the court on Wednesday: 'He travelled from Albania to the UK three years ago. He had problems at home and cannot go back. 'He made his own way to France, which he described as frightening and he would often hear gunfire from the woodland where he was hiding. 'He snuck into a boat and crossed the Channel then surrendered to police when he arrived in the UK and sought asylum. 'He is a failed asylum seeker, he has an outstanding appeal against the decision. 'No decision will be made on his deportation until the conclusion of this criminal matter but he has no legal status to remain in the UK.' The court heard he had been receiving financial support from the government but this had been stopped. He is not legally permitted to work in the UK but helps out at his uncle's bar to earn 'his keep' and had enrolled at college to study English and maths. Braha, who has no previous convictions, pleaded guilty to possessing an offensive weapon in a public place. Kevin Hill, defending, said: 'He admits he was intoxicated, there were people fighting and he got caught up in it because he was concerned about a young woman. 'He felt at the time he needed to defend himself and had the corkscrew in his pocket. 'He accepts he went over the top and his perception and judgement had been affected by alcohol. 'He has expressed his remorse, he is very sorry being in the position he is.' Mike Trevett, chair of the magistrates, said: 'We have heard a lot about asylum and immigration status but we have discounted those from our deliberations as that is not why we are here today. 'You engaged in a fight that was already going on, that's a risk of serious disorder, and we have heard you used the corkscrew as a weapon, although that isn't something you have been charged with.' Braha, who lives with his uncle in Poole, was given a four-month suspended prison sentence and ordered to carry out 200 hours of unpaid work and pay £154 surcharge and £85 costs. Asylum seekers are not normally allowed to work whilst their claims are being considered, but the Home Office may grant permission to work in a limited number of roles where claims been outstanding for more than 12 months through no fault of the asylum seeker. Any permission to work granted will come to an end if their claim is refused and any appeals rights are exhausted because at that point, they are expected to leave the UK. Those who are granted leave have unrestricted access to the labour market.
Irish Examiner
7 days ago
- Irish Examiner
Mick Clifford: At a time of severe prison overcrowding, why is more use not made of community service orders?
Kyle Hayes is paying his debt to society in a constructive manner. Last April, he was ordered by Limerick Circuit Criminal Court to do 120 hours of community service in lieu of a three-month prison sentence. That in turn was handed down after he broke the conditions of a suspended prison sentence having being found guilty of engaging in violent disorder outside a nightclub in Limerick in 2019. On one level, he has been fortunate. Prison was a very real possibility following his initial conviction. The subsequent conviction for dangerous driving, while serving the suspended sentence, could easily have resulted in the prison sentence being activated. He is also fortunate in that community service orders are very rare in the Circuit Court. That's not to say that the system wouldn't benefit from more such orders in that court. But right now, they tend to be used nearly exclusively by the district court. He would, however, appear to be the ideal candidate for a sanction that was designed to lessen the frequency of sending people to prison. As a high-profile hurler, he has skills that could be well utilised in the community. Kyle Hayes, as a high-profile hurler, has skills that could be well utilised in the community. Picture: Brendan Gleeson He does not have any impeding characteristics, such as an addiction, the kind of issue that often deems an offender to be unsuitable for community service. But what exactly will he be doing to pay his debt to society? How are community service orders monitored, and what happens if an individual does not complete an order? And crucially, at a time of severe prison overcrowding, why is more use not made of community service orders? They are definitely an enlightened element of the criminal justice system. The concept was introduced in a 1983 Criminal Justice act. 'A community service order shall require the offender to perform, in accordance with this Act, unpaid work for such number of hours as are specified in the order and are not less than 40 and not more than 240.' The order is designed to apply in lieu of prison sentences of up to 12 months. In general, the work has to be completed within a year but certain leeway might be given by the probation service, which oversees the orders, in special circumstances. The service could involve anything from assisting with community organsations, or with clean ups, or providing service in training or coaching young people. Questions sent to the Probation Service requesting information on specifics of the work concerned did not receive a reply. The only other law covering community service orders is the Fines (Payment and Recovery) Act 2014 which makes provision for a judge to issue an order as an alternative to sending a person to prison. The order is dependent on a report to assess whether the offender is suitable for it. Up to a quarter of those assessed are rejected as unsuitable. In the vast majority of these cases, that means they must instead serve a prison sentence. Another criteria which must be met in theory is that there is sufficient work required within the community through which the order can be worked out. A major question arises as to whether community service orders could be used more frequently. This is amplified at a time when prison overcrowding is a constant and growing problem. For instance, in 2023, 78% of all committals to the Irish prison system were for sentences of 12 months or less. This represents 6,191 individuals out of a total of 7,938 committals. In 2023, the annual cost of keeping a prisoner was over €85,000. Apart from that, there is an obvious loss of social and personal capital in locking up people when an alternative is available. Research from abroad suggests the offender is less likely to reoffend if he or she avoids prison. A person who is working can continue to do so, further enhancing the likelihood of staying away from crime. There is an obvious loss of social and personal capital in locking up people when an alternative is available. At a time when the main thrust of penal policy in government is to build more prisons, it appears highly questionable that there continues to be a failure to properly utilise the alternatives. In fact, the trend appears to be going in the opposite direction. In 2011, there were a total of 2,738 community service orders. This level was maintained up to 2019 when there was 2,791. Then it fell off a cliff with 1,161 the following year which was, to a large extent, attributable to the pandemic and lockdowns. However, since then the take up for the orders has been sluggish with just 1,288 in 2022. In 2023, this rose to 1,644, which, the probation service reported, accounted for 'in lieu of 778 years in prison' and benefited communities nationwide to the tune of over €2m of unpaid work. A review of the policy and use for community service orders was conducted by the Probation Service in 2022. It presented some useful suggestions for an increase in the use of the orders. Following on from that, the minister for justice appointed two academics, Niamh Maguire and Nicola Carr, to research the whole area. Their findings were published last November. They interviewed a whole range of judges on attitudes and practices. One recurring theme was that judges have an understanding that they must 'consider' such a sanction, but not regard it as a preferred option. One district court judge told them that as far as they were aware 'we have to consider giving a community service order as opposed to a prison sentence. We have to. And all we have to do is consider it. We actually don't have to impose a community service order, that's my understanding.' There are also major problems with resourcing. Many judges around the country simply do not have the option of imposing a community service order as there is no probation officer available to conduct an assessment of suitability. And sometimes where there is somebody available, the time before a report can be compiled is so long as to make the order untenable. The balance of resources within the system is heavily weighted towards imprisonment. The Irish Prison Service has a budget that is more than 10 times that of the probation service. Expanding use of community service orders would require a rebalancing of that budget and inevitably would be met with the usual resistance from a State agency. The report compiled by the academics was entitled Community Or Custody? A Review of Evidence and Sentencers' Perspectives on Community Service orders and Short-Term Prison Sentences. It recommended that resources need to be applied so that community service orders are "suitable for the broad range of individuals who come before the courts for sentencing but specifically for categories that are currently not considered suitable including persons with substance misuse issues, mental health difficulties and physical disabilities". Currently, candidates for a community service order are often deemed unsuitable because of such issues. Changing that would at the very least ensure more who are assessed would end up serving the order with all the benefits that attach for both the individual and society. They researched systems abroad. In Finland, for instance, any prison sentence of eight months or less is automatically commuted to a community service-type sanction. The academics also concluded that consideration for community service orders needs to be given to people who come before the court frequently, particularly where crime is directly linked to addiction, mental illness and poverty. Again, repeat offenders are currently often deemed unsuitable for consideration for a community service order. Apart from tackling crime in a progressive manner, and one that successive governments claim to want, increasing the use of community service orders makes perfect financial sense. The resources required to process and oversee a community service order would be far less than the €85,000 it costs to detain a prisoner for a year. Research into sentencing conducted by the Judicial Council arrived at similar conclusions. Many judges around the country simply do not have the option of imposing a community service order as there is no probation officer available to conduct an assessment of suitability. File picture: iStock In particular, the research pointed to delays in assessment reports because of a lack of probation staff. 'Such delays are likely to have a bearing on the use of such sanctions by courts where time taken for assessment are extended due to Probation Service resourcing issues and managing demands for services.' On foot of the report by the two academics, the Department of Justice has moved to make some changes. This month the minister, Jim O'Callaghan, got approval from Cabinet to draft amendments to the law. These include a provision 'to oblige the courts to consider a community service order in lieu of a prison sentence for up to 24 months duration', where the current threshold is 12 months. There will also be provision to increase from 240 to 480 the maximum community service hours that a judge may order. And there will be an amendment to allow for 'a broader cohort of appropriately trained and designated probation service staff to oversee the administration of community service orders". However, there will not be a change to oblige judges to give priority to a community service order being applied instead of a prison sentence, reverting only to the latter when circumstances demand. Neither is there any commitment to increase the resources applicable to administering community service orders, without which any change in the law will have only a limited impact. Read More
Irish Examiner
13-06-2025
- Irish Examiner
Cork mother 'hooked on crack cocaine' told to stay away from bad influences in theft case
A Cork mother who came under the the negative influence of a number of individuals saw her life 'spiral out of control' as she became hooked on crack cocaine, the district court has heard. Grainne O'Connor, aged 48, of Art Abhainn, Carrignagroghera, Fermoy, Co Cork, appeared before a recent sitting of Fermoy District Court where she pleaded guilty to one count of theft. Court presenter Sergeant Majella O'Sullivan told the court that Ms O'Connor went into a Spar supermarket in Fermoy on December 9, 2024, where she took three rolls and Lucozade to the value of €17.20 and left the shop with the items but did not pay for them. The court was told that Ms O'Connor was identified by CCTV and the stolen items were not recovered. The court was told that the accused made full admissions and had a total of 21 previous conditions including six under Section 4 of the Criminal Justice (Theft and Fraud Offences) Act, 2001. The court also heard that Ms O'Connor had brought €20 to compensate the injured party. Defence solicitor, Matthew Bermingham, said that his client was a mother of four children whose issues stemmed from serious addiction problems. He said that Ms O'Connor had stolen the rolls to feed her children as she had used up her own money to feed her addiction. He said that she had fallen in with a group of people from Cork City where she was attending addiction services who were a negative influence on her and she 'appears to be in their grip'. Mr Bermingham said: 'These three people in particular seem to be using her for lifts. They have not been helpful and have got her hooked on crack cocaine. She is in serious difficulty. Ms O'Connor said her life had 'spiralled out of control' but she was determined to cease contact with those who were leading her in a negative direction. Judge Miriam Walsh said that people like Ms O'Connor who took things from shops whenever they liked 'jack up the prices and it's not fair on the rest of us.' She warned Ms O'Connor to cease contact with those people who are 'using you' and added that she would give Ms O'Connor a chance to improve her life. The case was adjourned until September 12 for the completion of a Probation Service report. This article is fund by the Courts Reporting Scheme
