Prisoner recalled on serious allegations regains freedom | Prison Law Success Stories | Swain & Co Solicitors

Emma recently represented a client who was recalled following extremely serious allegations of stalking and harassment made by an ex-partner. This was compounded by the fact that he was in breach of a licence condition to disclose relationships. At the time of recall the client was under police investigation. This was dropped a few months later without charge. At the time of recall the professional witnesses felt that the client would need to complete a significant amount of work to address what was seen as new risk factors stemming from the recall.

In representations seeking an oral hearing Emma sought disclosure of the information gathered by the police during the course of their investigation to clarify exactly why the matter had been dropped as the client was adamant that he had not engaged in criminal behaviour. This information was disclosed shortly before the hearing and Emma was able to show that the allegations made were entirely false as the client had conducted himself properly with the exception of failing to disclose the relationship. This completely changed the nature of the case and Emma successfully argued that client had still been managing his risks despite the breach of his licence. The Parole Board directed release.

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