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Bruce William EMERY


Hearing:    21 July 2010
    at (Withheld) Prison

Members of the Board:
    Mr A Ritchie –Panel Convenor
    Ms J Donaldson
    Mr R Lewis

Support People:   
(Name Withheld)
(Name Withheld)

Bruce William Emery is serving a sentence of four years, three months for manslaughter.  His sentence end date is 11 February 2013. 

Mr Emery first appeared for consideration of parole on 13 April 2010 when the hearing was adjourned until today for reasons which are not apparent from the decision but which, from other papers, appear to relate to the availability of a suitable address.  We are told that this issue has now been resolved.

The Board acknowledges that Mr Emery is currently assessed as being at low risk.  His RoC*RoI is 0.05.  His classification is minimum.  He is a Maintenance category prisoner and no rehabilitative programmes are available to him in prison.

There are also problems with Mr Emery’s eligibility for Departmental programmes in the community although the Board is advised that the Probation Officer would be able to complete a referral for a programme citing compelling reasons for inclusion given the seriousness of the offending.

Likewise, Mr Emery does not meet automatic criteria for a psychological assessment but Community Probation, we are told, could refer him nevertheless in order that coping strategies can be developed through counselling.

We had a lengthy discussion with Mr Emery today and in particular he described the nature of the pursuit from his property which ended in the death of this young person.  Mr Emery also has described to us the depression from which he is apparently now suffering and which he said was evident at the time of this offending.

The Board in those circumstances is left with the view that Mr Emery continues to present an undue risk.  The Board feels the need for assurance on how the stress and depression described by Mr Emery translates into risk and we ask for a Psychological Report.

Mr Emery presents with a high level of protective factors but on the other hand we have concern that they failed him at the time of this offending.

We cannot grant parole today.  We will see Mr Emery in four months’ time with the Psychological Report.

Mr A Ritchie
Panel Convenor

Review

• You may apply for a review of the Board’s decision under section 67(1).  The only grounds under which you may make an application for review are that the Board, in making its decision:
  
  
  (a) Failed to comply with procedures in the Parole Act 2002; or
  (b) Made an error of law; or
  (c) Failed to comply with Board policy resulting in unfairness to the offender; or
  (d) Based its decision on erroneous or irrelevant information that was material to the decision reached; or
  (e) Acted without jurisdiction.
  
  
• To apply for a review you must write to the Board within 28 days of its decision stating which of the above ground(s) you consider to be relevant in your case and giving reasons why you believe that ground(s) applies.
• Reviews are considered on the papers only.  There is no hearing in respect of your Review Application.