Our client, James Carter, released from life imprisonment in 2010, has rebuilt a life in London with his partner, Michael Howard. After reporting their relationship to probation services, restrictive conditions on contact were imposed without a clear, evidence-based justification. The dispute falls at the intersection of criminal law, prison law, and human rights protections.
What Happened
James Carter has been under probation since 2010 following his release from life imprisonment. He and his partner, Michael Howard, lived openly in London and complied with reporting requirements. Soon after, probation imposed restrictions on Mr Howard, despite no substantive evidence of risk. The stated rationale was vague and no formal risk assessment was conducted.
Legal Issues
- Whether the probation conditions were necessary and proportionate, tied to a demonstrable risk under the Offender Management Act 2007.
- Whether a robust risk assessment existed and was properly disclosed to the client.
- Whether procedural fairness was observed, including reasons for the decision and the opportunity to challenge it (Doody v Secretary of State).
- Whether interference with family life under Article 8 ECHR was justified.
Our Approach
We issued a formal pre-action review under CPR, requesting full disclosure of all assessments and reports used to justify the restrictions. We prepared focused representations grounded in the Offender Management Act 2007 and relevant case law, and opened dialogue with the Probation Service to resolve the issue without court proceedings.
We also emphasised the client’s right to family life under Article 8 ECHR, and we sought to secure a proportionate arrangement that allowed to maintain the relationship in a safe, supervised manner.
Outcome
The Probation Service agreed to review and revise the probation conditions. The restrictions on contact with Michael Howard were moderated in line with risk evidence and proportionality, and full disclosure of the assessments was provided. The client’s right to family life was safeguarded, with a clearer, lawful basis for any ongoing restrictions.
Result / Why It Matters
Aldwych Legal’s proactive challenge demonstrates our commitment to fair, transparent decision-making by public authorities, and our ability to protect clients’ human rights within the criminal justice system.
