Tariffs

Friday 28 September 2001 - 12.15pm
Court 4
Royal Courts of Justice

The decision of the Lord Chief Justice of tariff on the case of Derek Michael Arch in accordance with the Practice Direction dated 27 July 2000 (The Times 9 August 2000)

1. Derek Michael Arch was born on the 12th of November 1973. On the 28th of October 1991, at the Northampton Crown Court, before the Hon Mr Justice Judge, Arch was found guilty of murder. He was sentenced to be detained during Her Majesty's pleasure. He pleaded guilty to a connected charge of robbery. He also pleaded guilty to a charge of buggery on a fellow inmate without that inmate's consent.

2. According to the account of the offence of murder provided to the Home Secretary by the Judge, Arch and a co-accused of limited intelligence planned to rob a taxi driver at knifepoint. Arch armed himself with a dangerous kitchen knife. A taxi driver drove them to a place indicated by Arch and stopped his taxi. The co-accused then seized the taxi driver from behind. At the same time Arch robbed him and plunged the knife into the taxi driver's body. The knife penetrated the body of the taxi driver, six to nine inches. The Judge thought that the reason for killing the taxi driver could be either that Arch wanted to avoid being recognised or he wanted to know what it would feel like to knife someone. Afterwards the two men shared the proceeds of the robbery. Arch boasted to a number of friends about what he had done.

3. There was evidence that Arch was a psychopath and that his condition arose from inherent causes or psychological injury in childhood. Two psychiatrists gave evidence before the Judge. They both agreed that he was a dangerous young psychopath whose condition might never be cured.

4. The Judge recommended a tariff of 15 to 16 years, the Lord Chief Justice recommended a tariff of 14 years. The Secretary of State fixed the tariff at 15 years.

The Victim's Family

5. The widow of the deceased has been seen by the police. She is strongly opposed to any reduction in tariff and would prefer that Arch was never released from custody.

The Offenders Behaviour in Custody

6. Initially, Arch's behaviour in custody was described as aggressive, chaotic, unstable and impulsive. It was also noted that he was interested in weapons. This was consistent with his behaviour prior to being sentenced. A report states that he had no paternal guidance and was passed from one care institution to another. He projected an angry young man image. He constantly challenged and abused both staff and other inmates. He never considered the consequences of the things that he did and spent most of his early years under some punishment, trying to fight the system at every opportunity. However, after his transfer to HMP Parkhurst, there was a distinct change in his behaviour. He made, what is described as a "gigantic effort" to give himself a future. He has maintained the change in his behaviour. The forensic psychologist at HMP Nottingham on the 17th March 2000 did, however say, "Arch has a somewhat glib presentation... Does not accept full responsibility for the murder or buggery offences…. Murder was an accident and burglary consensual...Showed signs of selfishness, callousness and remorse.... History of bullying at school, during sentence and pressurising weak people...His violent reputation made him feel important and he has difficulty in expressing or describing emotions". (This report may however have been referring to an earlier reports and so I discount it). Nonetheless, it is clear that Arch is not prepared to take part in a Sex Offender Treatment Programme.

Conclusions

7. From the correspondence which is before me between Arch's solicitors and the Prison Service it appears that in any event Arch's tariff is to be reduced to 14 years so that it will expire by January 2005. I agree with this reduction but would not recommend any further reduction.