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Rapist Samuel Betteridge wins damages from government Rapist Samuel Betteridge wins damages from government
(about 2 hours later)
The government has been ordered to pay damages to a convicted rapist because of delays to a review about whether he should be released. A funfair worker who raped a 14-year-old girl after forcing her to drink alcohol has won damages for a 13-month delay to his 2008 parole hearing.
Samuel Betteridge, from Mablethorpe in Lincs, should be compensated for a 13-month wait for a parole hearing, the European Court of Human Rights ruled. Samuel Betteridge, 58, from Mablethorpe, Lincs was jailed after pleading guilty to two counts of rape and one of attempted rape in 2005.
Betteridge, 58, was jailed in 2005 for raping a 14-year-old girl. The European Court of Human Rights in Strasbourg awarded him 750 euros (£640) damages and 2,000 euros (£1,710) costs for the delay due to a cases backlog.
He was awarded 750 euros plus 2,000 euros in costs, after the court decided his rights had been breached. The Government has said it may appeal.
It is understood Betteridge remains in jail, in an open prison. His next parole review is later this year. Betteridge's three-year minimum term in his indeterminate sentence came to an end in December 2008 without a Parole Board review having taken place.
The court said his right to have "lawfulness of detention decided speedily by a court" had been breached. His hearing did not actually happen until January 2010. Then it was recommended he be moved to an open prison.
The Parole Board finally heard his case in January 2010 and recommended Betteridge, who was serving an indeterminate (IPP) sentence with a three-and-a-half year minimum term, be transferred to an open prison - the first stage towards his release. The case delays came amid a crisis for the Parole Board. It was swamped with hundreds of applications for prisoner release after the introduction of Indeterminate Sentences for Public Protection (IPP).
It is the second time that a court has ruled in Betteridge's favour. A UK High Court judge found in 2009 that there had been a violation of Betteridge's right to a speedy hearing under the European Convention.
In June 2009, the High Court said there had been delays in hearing his case because of a lack of manpower at the Parole Board. But the High Court also said there was no claim for damages as an earlier "pre-tariff hearing" made it clear there was no chance of him being released.
In its ruling the European court criticised the UK government for its handling of the introduction of IPP sentences. In handing down its decision on Tuesday, the European court criticised the way the UK government introduced IPP sentences.
It said the delay in reviewing Mr Betteridge's case was the result of the failure of the authorities to anticipate the demand which would be placed on the prison system following the introduction of IPP sentencing. It said: "The delay in reviewing Mr Betteridge's case was the direct result of the failure of the authorities to anticipate the demand which would be placed on the prison system following the introduction of IPP sentencing."
"It was for the state to organise its judicial system in such a way as to enable its courts to comply with the requirement under the convention of a speedy hearing to review the lawfulness of detention," it said. It said the state must make sure its judicial system had speedy hearings to review whether detentions were lawful.
£100,000 paid out Reacting to the ruling, Justice Secretary Chris Grayling said: "This is yet another example of a decision I think should be taken by the British courts.
The Parole Board says it does not expect there will be a significant number of compensation claims following the judgment, but it is thought there are a couple already in the pipeline. "I am very disappointed and am considering an appeal."
The board has revealed it paid out more than £100,000 to prisoners last year - mainly because of delays in reviewing their cases. Sentencing abolished
A board spokesman said there had been a significant increase in the number of prisoners becoming eligible for reviews since 2005 - almost entirely because of the new IPP sentenced introduced in the Criminal Justice Act 2003. IPPs were introduced under the 2003 Criminal Justice Act and aimed at offenders of a violent or sexual nature deemed to be dangerous to the public.
"The number of IPP prisoners far exceeded that which had been forecast and caused significant resource problems, not only for the Parole Board, but other bodies such as the prison and probation authorities. Convicted offenders remain in custody until considered safe to be released.
"As a result, a large backlog of prisoners awaiting parole hearings built up over a number of years. Betteridge was released from prison before Christmas 2012.
"Various measures taken by the Board and the Ministry of Justice have helped reduce this backlog to a manageable level." A Parole Board spokesman said there had been a significant increase in the number of prisoners becoming eligible for reviews since 2005, mainly due to the 2003 changes.
The IPP sentence has now been abolished as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. He said that had caused resource problems for the board, as well as prison and probation authorities.
"Various measures taken by the Board and the Ministry of Justice have helped reduce this backlog to a manageable level," he said.
The IPP sentence has now been abolished under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Parole pay-outs
The Parole Board says is not anticipating a significant number of compensation claims following the European court judgment, but other High Court claims are in progress.
The board revealed it paid out more than £100,000 to prisoners last year - mainly because of delays in reviewing cases.
The board spokesman said: "Not every prisoner will be entitled to monetary compensation for delays, and where it has a good case to argue the Parole Board will vigorously defend such claims. Where it is unable to defends, the board will seek to settle out of court to save legal fees."The board spokesman said: "Not every prisoner will be entitled to monetary compensation for delays, and where it has a good case to argue the Parole Board will vigorously defend such claims. Where it is unable to defends, the board will seek to settle out of court to save legal fees."
In November the Supreme Court considered an appeal in the case of Daniel Faulkner.
That judgment, which is expected soon, will decide the circumstances in which prisoners are entitled to compensation, the spokesman said.