Tariffs

1 May 2002 - 10.00
Court 4
Royal Courts of Justice

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

1. John Alexander Howells was born on 6 February 1981. On 12 February 1997 at Leeds Crown Court, John was convicted of murder and was sentenced to be detained during Her Majesty's Pleasure. The offence was committed on 31 August 1995 at which time John was 14 years 6 months of age.

2. John had two co-defendants. His father, David John Howell, was also convicted of murder with a tariff set at 18 years in June 1998. His brother, Glenn David Howells, was also convicted of murder and sentenced to be detained during Her Majesty's Pleasure was 15 years 7 months of age.

Facts of the Offence

3. On 31 August 1995 the mother, then 41, was struck upon the head by one or more blunt instruments as she sat in the living room of her home. The murder was counselled and procured by her husband, John's father, who established an alibi for himself by being at a public house in Crossland Moor at the time of the murder. John's brother, Glenn David Howells, actually killed his mother with at least twelve blows of a hammer. John helped his brother by disposing of the weapon and clothing.

4. Glenn called the police and ambulance. John and his brother attempted to make it appear that there had been a burglary, which had gone wrong. They pulled over a bureau and told the police that £100 was missing from a cafetiere.

5. The police secretly taped a total of ten conversations between the father and the sons. Some of the time the brothers were alone. The tapes contained statements by the father and brothers that pointed to the involvement of all three in the killing. The main purpose of the police in making the tapes was to show the instigation and complicity of the father as they felt the boys would not have committed the killing without his involvement.

6. The relationship between John and his mother was not happy. He was subjected to both physical and verbal abuse from this dominant and abusive mother. John was apparently his mother's favourite but he had told people that he hated her. The mother also suffered from an eating disorder and kept a very tight rein on the family finances. John had to give pedicures to his mother and massage her back which he perceived as wrong.

7. Financial gain was a motive for the killing. The father and the brothers anticipated a substantial inheritance upon Mrs Howell's death.

8. The trial judge, Mr. Justice Alliott, recommended a tariff of between 7-8 years for John due to his lesser participation in the murder and his youth. The Lord Chief Justice recommended a term of 7 years.

9. The Secretary of State set the tariff for John at 7 years.

Post-Conviction Behaviour

10. John has expressed remorse for his actions and states that his mother, despite her treatment of his brother and himself, did not deserve what had happened to her. He still states that he took no part in the actual murder and he alleged in 1999 that he had been under pressure from his brother to dispose of the weapon and the clothes. (HMP & YOI Moorland Tariff Assessment Reports dated 25 March 1999). John was initially seen as being overly dependent and easily influenced however later reports show a growing independence. John Howell's behaviour has been consistently good both at the Barton Moss Secure Unit, Manchester and after his transfer to Moorland Prison. He is seen as a quiet, polite and particularly mature young man for his age. Current prison reports, when compared to initial reports made upon John Howell's first removal to local authority care, show very positive changes in outlook and maturity.

11. John has obtained 5 GCSE qualifications, Level 3 NVQ in Information Technology and has developed high-level computer skills. He is preparing for a career in computers upon his release and has looked at undertaking an Open University Course in computer programming.

12. John has also completed an Enhanced Thinking Skills Course and his exemplary behaviour has gained him red band status. He has engaged in one-to-one work with the prison psychologist. He worked in the VT Computer Workshop where external assessment of his work has been described as "some of the best ever seen".

13. John has formed over the past 3 years a close relationship with a Mr and Mrs Spicer. Mr Spicer is an independent social worker initially appointed to participate in the secure review meeting. John hopes to live with the Spicers for a time upon his release and they are willing for this to occur. He sees his father once a month and his brother regularly.

Representations on Behalf of Howells

14. I have read John's letters and the representations made on behalf of John by Kingsly Brooks, solicitors dated 22 October 2001. I have also read the representations made by Derek and Marilyn Spicer dated 1 August 2000. Finally I have read the helpful submissions of Mr Twist dated 28 October 2001.

Conclusion

15. John played a lesser part in the offence and was obviously influenced by his father and to a lesser extent his brother. The tariff of 7 years reflected this. He has made very significant progress in custody and I consider his tariff should be reduced to 6 and a half years with a view to his release on licence as soon as the Parole Board considers this appropriate.