Tariffs

Wednesday 13 February 2002 - 10.00 am
Court 4
Royal Courts of Justice

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

1. Paul Hannon was born on 15 June 1975. On 18 November 1993 he was convicted of murder and was erroneously sentenced to custody for life. This error was corrected by the Court of Appeal which quashed the sentence and substituted it for that of detention during Her Majesty's Pleasure. The offence was committed on 2 August 1992. Hannon was aged 17 at the time of the offence. His two co-accused, his brother Barry Hannon and James Curtin, were also convicted of murder. However, Curtin's conviction was quashed on appeal.

Facts of the Offence

2. The facts are taken from the report of the trial judge to the Home Secretary. On 31 July 1992, one of a group of four white youths molested an Afghan woman. Hannon was part of this group, although he did not molest the woman. The four then followed some Afghan youths, including the woman, to the entrance of their flat. The Afghan youths were racially insulted and invited to leave their flat. They did so. Hannon, together with Curtin, then lured five unarmed Afghans to near a public house from where, together a group of about seven to eight white youths, including Hannon's brother Barry, they armed themselves and attacked the Afghan youths. The victim, Ruhullah Aramesh, was one of the Afghan youths. He was cut off from the rest of the group and assaulted. He died two days later in hospital as a result of the injuries he suffered.

3. The trial judge commented that Hannon was aware of his younger brother's violent tendencies but nevertheless enlisted his help. The judge noted that although Hannon was more intelligent than his brother and possessed of greater self-control, he was still dangerous. In addition, Hannon used a lethal weapon in the attack. The judge also found that the attack was unprovoked and premeditated.

4. At the time of the offence Hannon had two convictions, for assault and for possession of an offensive weapon.

5. The trial judge recommended a tariff of 15 years. The Lord Chief Justice agreed with this recommendation. The Home Secretary set the tariff at 15 years.

Progress in Custody

6. After a somewhat troubled start, a series of positive reports indicate that Hannon has made good progress in prison. He has showed a great increase in maturity. CJ Jenning, member and past chairman of the Board of Visitors, in a report dated 18 June 1998, was of the view that Hannon was an ideal candidate for a significant reduction in his tariff on account of his maturity and progress. Hannon was given a much sought after job of gym orderly, a position requiring trustworthiness and reliability. He has completed a number of courses including anger-management, alcohol awareness and victim awareness.

7. Hannon's consistent attitude to the offence, as recorded by the probation officer in a report dated 4 January 1999, is that he was not directly involved with the victim. He accepts that he was part of the affray, but denies that he was part of the attack on the victim. Nevertheless, the probation officer concluded that Hannon's progress was positive and that he should be moved to a 'C' category prison. More recently, Hannon is recorded as gaining an understanding of the reason why he was convicted of murder on the basis of joint enterprise (probation officer's report dated 9 August 1999).

8. In a report dated 11 January 1999, JR Firth, Hannon's wing officer, notes that although he strongly denies having problems with racism, he is willing to undertake work on this on a one-to-one basis. This has subsequently occurred with positive results, as indicated in the probation officer's report dated 13 March 2000.

9. Many of the reports over the course of the last three years suggest that a reduction in Hannon's tariff may be appropriate in order to facilitate his continued rehabilitation. Without exception, these reports are positive. In a report dated 27 July 1999, the Life Governor of HMP Swaleside, A Crowcroft, concludes his report as follows:

"The evidence from [Hannon's] current behaviour pattern and his obvious maturity over the last three years suggest that he is now a much reduced risk to society and that progression to a lower security category is fully warranted.

"[W]e have an inmate who is making exceptional progress and any tariff review should reflect this."

10. The Governor of HMP Swaleside, John Podmore, states in a report dated 19 May 2000, that he has seen few lifers with such positive reports and progress.

Representations on Hannon's Behalf

11. I have read the representations made by Hannon's trial counsel, Mr Mitchell, on 16 February 1994. I have also read the more recent representations made by his solicitors on 26 January 1999, and those made by his counsel, Mr Fitzgerald QC, on 5 July 1999. I have taken these into account in reaching my conclusion.

The Victim's Family

12. The victim's family, in particular his mother, have been traumatised by his death. The victim's family are naturally anxious to ensure that there should be no question of Hannon's release before this can safely be done.

Conclusion

13. The progress made by Hannon does justify a reduction of his tariff in respect of this grave offence. The conclusion I have come to is that the tariff should be set at 12 years