Friday 18 March 2011

Why Did She do It?

I guess it's not that often that journalists get the chance to report on one of their own and it's hard not to spot a slight note of glee from this report in the Welwyn and Hatfield Times about their former colleague Emma Smiter. She has just been convicted at Basildon Crown Court of Perverting the Course of Justice and Misconduct in Public Office, both of course very serious offences that will inevitably lead to a significant custodial sentence.

One can only speculate as to why a young journalist would give up that line of work to become a Police Community Support Officer instead and then decide it was a brilliant source of information to pass on to a former colleague in a press agency. The stories duly turned up in national dailies such as the Sun and Mirror. Possibly she thought she was merely furthering her journalistic career, or got a buzz out of stealing a march on her former colleagues on the local rag, or just needed the money?

Initially charged with breaches of confidentiality, she subsequently went on to compound her misdemeanors by thwarting an earlier trial by falsifying blogs in an attempt to show that the information was already in the public domain. This person clearly has some attitude and thinking deficits that a probation officer will no doubt have to get to grips with at some point. Which brings me to the main point of this post. I notice that the judge has adjourned her case for a month in order that a probation Pre Sentence Report can be prepared. Now this would not normally be at all noteworthy, but as I have previously posted, it is sadly becoming all too frequent that judges are sentencing either without any report at all in custody cases, or adjourning overnight for a so-called Fast Delivery Report to be prepared by a Probation Services Officer.

From what I have gleaned from press reports of this case - and it is remarkable just how far and wide it has been reported (just try googling her name) - this is just the sort of case where a well researched and written PSR could begin to get to the bottom of this person's behaviour and inevitable problems. This is vital of course because it can influence heavily the sentence that is passed. Amongst things that set alarm bells ringing for me is that I notice she is the mother of a young daughter and felt it appropriate to tell the court that her father is a serving senior police officer in the Hertfordshire force. What on earth was the motive for that? I bet he's really pleased with that bit of information now widely in the public domain.

The point I'm making is just how important it is that the quality of full PSR's is maintained and not downgraded, dumbed down or worse circumvented. For whatever reason, this young 26 year-old woman has made a comprehensive attempt at screwing her life up and it's only the skills of the probation service that can help her sort it out in my view. She is not the usual sort of probation client, but in a way precisely because of that serves to make a stronger case for making absolutely sure that all convicted defendants at Crown Court have the benefit of a full and well prepared Standard Delivery Report by a qualified officer at time of sentence. This is why probation reports were invented in the first place, so why are we moving away from this once routine practice?   

6 comments:

  1. So what exact work would the probation officer to do in this case. She's unlikely to reoffend as due to her criminal record, she isn't going to become PCSO again.

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  2. Anon, why is she unlikely to offend again just because she isn't going to be a PCSO again? I only know what I've read on this blog about this offence, but it seems that there are significant elements of dishonesty, fraud and forgery all of which are usually committed by non-police staffers.

    Jim, out of interest I wonder what your view is on the attitude of many probation officers, particularly those at Snaresbrook Crown Court who refuse to produce a report where custody is inevitable? Last year I rep'd a young man who pleaded to conspiracy to supply class A drugs. Always going to prison, but he did say he was a drug user who lacked qualifications and couldn't see anyway of getting money than to go along with the main man's suggestion that he carry out some deals for him. I asked for PSR on basis that recommendations of probation might assist the court in sentencing. But was told judge wasn't interested. A probation officer was in court for a co-D and also said that probation would not be willing to produce a report.

    I can't say I disagree with either the judge or probation, but would be interested to hear your views?

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  3. Jim,

    Good post.. perhaps another twist to this story would be the recent Liberty success in securing an inquest into the Byrant case -Sec (2) HRA.. you may recall all the flak that fell on PS after the A Rice case?.. balances some of the comments made by A Bridges on HRA & eagerly taken up by Media at the time?

    As for Defence Brief comments.. I can recall appearing at Mx Guildhall CC at Judges request arguing for Probation for women who was sentenced to 7 years! but the Judge did say after my appearance that he was thinking of a double fig sentence.. so some difference.. I am disturbed to hear remarks on SCC .. perhaps s/he should contact .. -Caroline Colby ( Mag) who chairs the LPT Probation & courts forum & is a london Probation Board Member..

    Regards

    Mike

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  4. Well thanks everyone - quite a few issues to respond to there! Here's a first stab - and by the way, unless it was obvious, this is just the sort of case I'd like to pick up.

    It's true that OGRS would put her at low risk of re-offending - but that's no reason not to do any work with her - we still don't know her motives or reasoning or indeed her degree of contrition or acceptance - she might be still saying she's not guilty for all I know.

    We don't know what problems she might have or what her attitudes are to a whole host of things such as honesty. She may well have distorted thinking patterns or possible personality disorder. I could go on, but in essence these are precisely why probation exists as a distinct professional discipline and why all convicted persons should have a PSR and especially if custody is inevitable. Why else do we go to the trouble of preparing a Post Life Sentence report after the imposition of a life sentence? Answer, to find out about the person. How much more important then that the sentencing judge has that information prior to imposing a determinate sentence.

    Snaresbrook Crown Court has been mentioned before and I simply do not recognise the reasoning or behaviour of the probation staff. I agree with Mike that the matter should be taken up at a senior level because defendants are most certainly being put at a distinct disadvantage by staff declining to provide reports on custody cases. To put it bluntly, someones arse needs kicking and damned quick.

    Jim

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  5. She will have a really, really low OGRS score. It's difficult to justify the expense of a PSR, or even any Probation intervention, for someone that is unlikely to offend again. It may make a difference because of the amount of press interest, but my money would be on an FDR being prepared in line with "usual" practice. At least that will give her the opportunity to discuss the impact of a custodial sentence and for someone to at least consider alternative options.

    I think there's arguments for & against PSR vs FDR vs No Report and equally valid arguments as to whether or not it's appropriate for Probation intervention in this case. Money & resources of course play a big part in all of those arguments. But for someone that isn't a risky, repeat offender - should there not be facility in the community to help her with any issues that she may be facing?


    I shall also add that my experience of SCC has only ever been a negative one.

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  6. A177 - thanks as always for commenting - you neatly sum up current probation thinking - but then you ask "should there not be a facility in the community to help her with any issues that she may be facing?" Yes there should - it's called the Probation Service!

    Please, please guys - before it's too late and all us old-timers have gone - have a word with them, ask them what they'd do and then ask yourself if it makes sense? Of course she needs help - who else has the skill, know how and authority? Do 'probation' by stealth if necessary - you'll feel better for it.

    Cheers,

    Jim

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