Thursday 23 June 2011

DV Knows No Bounds

An extra-ordinary saga has been running at Bradford Magistrates Court for some time and one which serves to shed a little more light on the often-hidden subject of domestic violence. The case is unusual in several respects, but most particularly because it finds the tables turned with a respected High Court judge as the defendant.

Following a trip away, Judge James Allen QC returned home hungry and became irritated when his wife was prevented from supplying any sustenance due to her pre-occupation with the 'daily help.' A row erupted during the course of which Melanie Allen, a Deputy Coroner for West Yorkshire, received certain injuries, including to the face. An eight-year-old child in the house at the time became so concerned that they dialled 999 and told police that 'he was trying to kill his wife.' 

The police arrived shortly after Mr Allen had left for his parents home and duly noted injuries to Mrs Allen's face. Mr Allen was subsequently arrested, interviewed and charged with common assault on his wife. The subsequent trial was heard by a District Judge who made it plain that she did not accept the evidence of both parties that the injuries had been self-inflicted and duly convicted Mr Allen.

Following what must have been an extremely interesting PSR process, the District Judge made Mr Allen the subject of a Community Order with a condition of supervision, warning him in the process that she expected full co-operation with the Probation Service as he was 'no longer the master, but rather the servant.' In addition she awarded costs against him of £5,000 for a 'dangerous and unpleasant attack' on his wife. 

Whilst confirming that domestic violence sadly occurs in all strata of society, this case also serves to illustrate a not untypical situation whereby the victim either seeks to alter, minimise or retract their evidence, thus making the job of the prosecution that much more difficult. In such cases it is also quite common for the perpetrator either to be in denial, or intent on significant minimisation. For these reasons attendance on a Domestic Violence groupwork programme would not be appropriate as acceptance of culpability is a pre-requisite.

Clearly the District Judge felt that in this case being sentenced to a period of some serious talking to by a probation officer might be beneficial. In terms of punishment, it would seem most unlikely that he can continue to sit in judgement of others. My sympathy goes out to whichever officer finds themselves having to supervise the case because I think they will certainly have to earn their salary. I don't think Mr Allen is likely to be the most unchallenging and co-operative of probationers. In my experience the middle classes are invariably more trouble.   

7 comments:

  1. I've been on felony probation for five years no problems. Cost of supervision paid ,fines are all paid even court cost. My probation officer as of December 2014 keeps saying she will put me in for early release On January I was behind one month on cos so she did do it. On February I was all caught up on cos so she pulls my file and tells me she's going to put a motion of early termination and tell me to show up in April if I don't hear from her before then. I show up in April and first thing she says is she didn't even attempt to put in my release cause she's been too busy. I told her I quit my two year job and she gets pissed cause I dint tell her right when it happened which was three weeks prior and saying it's the little things like that which will get me in trouble. She wouldn't even let me explain just kept bringing out the fact I didn't tell her. I even had a new job the next day. I mentioned to her in February how unhappy and unsafe my work environment was. Now she tells me she don't know if she's going to put me in for early termination now. I felt like I was twelve getting a lecture from my parents. Even if I wasn't on probation me quiting my job and getting another wouldn't have affected my life and how she was turning it around to look like that was wrong. My question is can I go over her head and motion the courts For early release since she's to busy. I live in Idaho

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    1. I'm sorry Joseph, but I have no idea as I'm based in the UK and things are very different in North America. I suggest you consult a lawyer or alternatively your officer's line manager. I hope things work out for you.

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  2. I did a short jail sentence and I am doing a short licence term but my po said I am not allowed to see my sick grandparents can she do this or not thanks

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  3. Lol as soon as I'm done with parole I'm slapping the biggest lawsuit on my ex probation officer. I found her highly incompetent at her job so I told her that that filed a complaint. Then falsified a urine test ! And I ended up in jail. For 1 DUI I'm suing! Probation is a joke and violated my constitutional rights!

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  4. I told my ex po something in trust and i believe he told... I THOUGHT he was a good man. Hummmm. Cant trust anyone these days!

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  5. I've been on probation for three years. I see my P.O. every week. Not one time upon my visit did she tell me I had an outstanding warrant got the last two years. She checks the system all the time. inwas recently ARRESTED for this but I feel if I was told it could have saved me the embarrassment. Isn't that a requirement of the P.O.to check for warrents?

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  6. I have been on probation for 2 years as of may 3rd and done may 3rd aswell i just got a breach 2 days ago for alcohol what is the least that can happen can I pay a fine i have payed all my past fines and did my community hours i work 6 days a week 8 to 9 hour shifts i can't do community hours this time i have money i can pay i just need s9me answers really want to be done may 3rd what can I do i also feel i might have been drugged i blacked out for 11 hours not a single memory when they let me outta cells i went to hospital but by that time it had been 14 hours to kate to tell if i had been took a pee test and booze didnt even show up

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