Under Section 21(1) of the Parole Act 2002
Hearing: 29 June 2007 at (Withheld) Prison
Members of the Board:
Judge D Carruthers - Panel Convenor
Judge BRL Lovegrove
Judge JL Rota
A/Prof. P Brinded
Ms J Jackson
Ms F Grenfell
Mr R Wilson
The Board has considered a postponement order for Mr Bailey. He is serving a life sentence for murder. He began his sentence on 27 February 1992. He cannot be released until it is both safe and proper for that to happen. For that to be the case the Board must first have reasonable grounds to be satisfied he poses no undue risk to the safety of the community within the term of his sentence (for the rest of his life) having regard to the nature of any likely further offending, the rehabilitative support available to him in the community, and the virtue of his reintegration into the same community as a law-abiding citizen. Only then can the Board go on to consider whether parole commends itself as a way forward having regard to all matters properly within its discretion.
Mr Bailey is 42 years old. His was grave offending involving, in its worst aspects, the wanton killing and sexual abuse of a 15 year old girl. Without his being seen fully to understand the seriousness of his offending, its consequences for all hugely hurt by it, and the extent to which it will not be tolerated, and without taking wholly convincing steps to prevent its repetition, there is reason to fear the prospect of further serious or mortal offending.
Mr Bailey has so far spent 15 years in prison reflecting on his offending, fulfilling some measure of justice to his enduringly traumatised victims, and contemplating the future. A postponement order was made in March 2003 for three years. He could not be further considered for parole in 2006 because of a fixed term sentence imposed in the meantime. He declined to appear before the Board for further consideration of parole on 6 March 2007 at which time his continuing disinclination to engage in any acceptable rehabilitative process was confirmed. Notice of consideration of a further postponement order was then given. He was invited to make written submissions.
Again, Mr Bailey waives his entitlement to appear at today's hearing. He has provided no written submissions. The Board is satisfied, in the absence of a significant change in his circumstances, he will not be suitable for release when ordinarily next due for consideration of parole. The Board makes a further postponement order accordingly. Having regard to the degree of reticence shown by him in respect of sufficiently addressing his offending, the Board will consider parole again no later than one day short of three years from today subject to his rights under s27(3) to seek earlier consideration on the grounds of a significant change in his circumstances.
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Judge D J Carruthers
Panel Convenor
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