Mark Jarvis (Hansard, 13 July 1993)

§ Mr. Peter Lloyd

Responsibility for this matter has been delegated to the director general of the prison service, who has been asked to arrange for a reply to be given.

Letter from Derek Lewis to Mr. Graham Allen, dated 12 July 1993.

The Home Secretary has asked me to reply to your recent Question about Mark Jarvis's security category and his home leave.

When Mr. Jarvis was convicted of rape, armed robbery and abduction of a child in 1985 and sentenced to 12 years imprisonment, consideration was given to placing him in category A; this is reserved for those prisoners whose escape would be highly dangerous to the public, police or the security of the state. While Mr. Jarvis was not regarded as presenting such a threat, he was at that stage clearly one for whom escape should be made very difficult and he was classed as a category B prisoner. On reaching 21 he was reclassified as an adult and in view of the gradual improvement in his behaviour and the signs of his maturity he was downgraded to category C. This category is for prisoners who, while they cannot be trusted in open conditions, are judged to have neither the resources nor will to make a determined escape hid.

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Shortly after this his behaviour deteriorated and he was upgraded to category B and moved to a more secure prison. In 1990 his behaviour improved to the point at which it was considered that he should be again downgraded to category C and he remained in that category until he was charged with murder in September last year. He was upgraded to category B and, following his conviction for manslaughter he was transferred to Long Lartin prison.

In May 1992 Mr. Jarvis became eligible for home leave and he applied to stay with his sister and her family. Home leave is designed to help prisoners adjust to life outside prison and should be restricted to those who pose no risk to the community and whose behaviour in prison has been such as to earn this privilege. In Mr. Jarvis's case, his earlier poor record and the seriousness of his offences would be factors against home leave being granted, but reports on his behaviour in Birmingham were excellent and were considered as strong factors in favour of his application. It was also taken into account that he was nearing the end of a long sentence and that his return to the community was imminent. While bearing all this in mind the home leave board considered that it was still too early to grant home leave and the decision was deferred for further reports. These reinforced the view that he was ready for temporary release and that the address at which he intended to stay was suitable.

Mr. Jarvis was released on licence on 14 August last year for four days but failed to return to prison at the end of his home leave. The police were notified that he was unlawfully at large. In the early hours of 2 September, a taxi driver was stabbed to death and Mr. Jarvis was later arrested and charged with murder. He was returned to Birmingham prison on 22 September and an inquiry was conducted into the granting of home leave. Two governors reviewed the papers and concluded that the decision to grant home leave was not unreasonable. Subsequently that decision has been reviewed by the area manager and he has reached the same view.

Clearly, the consequences of the decision to grant home leave to Mr. Jarvis were deeply regrettable and tragic; our sympathy is very much with Mr. Ashiq Hussain's family and friends. The papers on this case have been reported to a Working Party whose task is to review the operation of home leave. With the benefit of hindsight, it may well be that too much emphasis was put on Mr. Jarvis's behaviour in prison and too little on his poor record outside. Under new instructions issued to Governors in October last year, their need to assess the risk in releasing prisoners is reinforced by a more structured approach. Greater emphasis is placed on circumstances outside prison. Had Mr. Jarvis's application been considered after these instructions were issued, it is probable that it would not have been granted.

Mr. Jarvis was tried for murder at Birmingham Crown Court and was convicted of manslaughter on I July; he was sentenced to five years imprisonment the following day.