On 3 September 2021, Charlie Smith (of 59 Stafford Road) was convicted of harassment and sentenced to 28 days electronically monitored curfew and a 12 month Community Order.
Charlie’s electronic tag was fitted at his home address the same day and subsequently removed when the curfew period ceased.
Following removal of the tag, Charlie contacted Merseyside Police to advise that he had had no contact from the Probation Service. Charlie was advised that there would be a delay due to the Coronavirus pandemic and as such he took no further action.
On the 29 November 2021, Police Offices attended his home address and arrested him in respect of a warrant issued by his local Court for breaching his Court Ordered Probation.
Charlie immediately made representations that he had received no correspondence or contact from Probation Services, but such representations were ignored.
Charlie was taken to his local Police Station and then later that afternoon to his local Court.
Prior to being produced before the Magistrates’ Court, Charlie’s duty solicitor reviewed the breach report and noted that Charlie’s address had been inaccurately recorded as 25 Stafford Road.
It soon became clear that correspondence had been sent to Charlie but at an incorrect address because Charlie’s address had been incorrectly recorded in the NDELUIS Records Case Management System. As such, Charlie was unable to comply with the terms of his licence as he did not receive correspondence requiring him to report and he was subsequently arrested as a consequence.
Following negotiation, the Probation Service agreed to pay Charlie £2,500 in compensation together with his legal fees.
My client’s name has been changed.
