Tariffs

17 April 2002 - 10.00
Court 4
Royal Courts of Justice

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

1. James Dean Proctor was born on 3 December 1977. On 14 December 1995 at the Plymouth Crown Court Proctor was convicted of two counts of murder and was sentenced to be detained during Her Majesty's Pleasure. The offences were committed on 22 September 1994, at which time Proctor was 16 years of age.

2. Proctor had previous convictions for arson and criminal damage.

Facts of the Offence

3. On 22 September 1994, after drinking about a bottle of wine, Proctor went alone to a terraced house in Kingsbridge, occupied by Charles Collins, aged 72, and his son Steven Collins, aged 37. Charles Collins had a recent conviction for indecency with young boys and had been the subject of hostility and derision from local youths, including Proctor.

4. Having entered the house, Proctor was disturbed by Charles Collins. Proctor took up a felling axe and struck Charles Collins thirteen times on the head, causing extensive fractures to the skull. Proctor also stamped on his chest, fracturing many ribs.

5. Steven Collins was then called down from upstairs. He was also attacked with the axe. Proctor inflicted five blows to Steven Collins' skull, again causing serious fractures.

6. Proctor searched both bodies and the house, stealing such money as he was able to find. Proctor left the house, only to return about 1 hour later to set fire to it in order to try to cover up the evidence of his crimes. Fortunately the fire was discovered before spreading to the adjoining houses, both of which contained sleeping occupants.

7. Proctor initially denied all knowledge of the offence, proffering an alibi. However, prior to the trial he changed his defence, to allege that he had been invited to the house for a drink and had been the subject of a violent attempted sexual assault at knifepoint. He claimed to have killed both the victims in self-defence and because of provocation. The jury rejected these defences, returning unanimous verdicts of guilty on both counts.

8. The trial judge, Mr Justice Butterfield, described Proctor as a 'considerable danger to the public', noting that he had 'maintained a wholly false account for over 12 months, the emotionless way he had given evidence over 2 days and his complete absence of remorse or concern over what he had done (even on his own account)'.

9. The judge recommended a tariff of 14 years, noting that but for Proctor's youth a tariff of at least 18 years would have been appropriate. The Lord Chief Justice concurred with the trial judge's recommendation. The Secretary of State set the tariff at 14 years.

Post Conviction Behaviour

10. Proctor spent his initial period in custody in HMYOI Aylesbury. He was transferred to HMP Bristol in June 1999.

11. Proctor's behaviour during his time in custody has generally been good. He has only one adjudication and one positive drug test against him. The adjudication dates from his time in HMYOI Aylesbury. Proctor is described as 'a mature and articulate man' in a recent undated report by Principal Officer J Phillips of HMP Bristol. He is also described in a report by Officer K Roberts, his personal officer, dated 17 July 2001 as being 'no control problem to staff' and remaining 'an Enhanced inmate through his willingness to comply and his determination to maintain his own high standards'.

12. Proctor has undertaken a number of courses to deal with his offending behaviour. He has completed courses in Enhanced Thinking Skills, Anger Management and Alcohol Awareness. He has also had one to one counselling with Zoe Ashmore, Principal Psychologist, during his time at HMYOI Aylesbury. A report dated 4 September 2001 by Kate Gerighty, Higher Psychologist and Marion Philips, Principal Psychologist states that Proctor continues to make progress in dealing with his offending behaviour as a result of the gains in his maturity. They go on to say that Proctor 'demonstrates an increased awareness and ability to make long term goals and set realistic targets'.

13. Proctor has also completed a number of education courses, gaining a community sport leader qualification and a first aid certificate. He is also studying for qualifications in English, Mathematics, Art and Computer Studies. The report of Probation Officer Lesley Hall dated 30 August 2001 makes it clear that teaching staff have spoken highly of Proctor's commitment and ability.

14. Proctor's attitude to his offence has changed considerably during his time in custody. When first in HMYOI Aylesbury he enjoyed the notoriety of having killed the two deceased. However, he now regrets what he did and expresses genuine remorse for his victims.

Representations on Behalf of Proctor

15. I have read the representations made on behalf of Proctor by his trial solicitors Messrs Cornish & Co dated 29 February 1996, his current solicitors, Messrs Mowbray Woodwards dated 20 July 2000 and the undated personal written representations. I have taken the contents of these into account in reaching my conclusions.

16. I particularly note what is said about Proctor's background and his history of abuse. I also note that Proctor expresses his regrets for his crime.

The Views of the Deceased's Family

17. Oral representations have been received via the Crown Prosecution Service by Mr Ian Collins, the only living relative of the deceased. He states that he is strongly opposed to any reduction in the tariff, which he in any event considers too low. I have taken into account Mr Collins' views in reaching my conclusions.

Conclusion

The minimum tariff in this case of 14 years for two murders fully took into account Proctor's age at the time of the offence and its circumstances. However, his attitude during his detention has dramatically changed as he has matured and I do feel able to reduce his tariff by one year to 13 years.