Inmate was released automatically after serving half of sentence as per law
The Department of Home Affairs has responded to calls for the resignation of Minister Jane Poole-Wilson and the Prison Governor, Leroy Bonnick.
It's after a petition was launched online following the sentencing of a convicted sex offender, who committed his latest offences whilst released from prison early on licence.
Thomas James Hall appeared in court on 27 November from custody after he had been caught masturbating on a bus.
Mr Hall subsequently pleaded guilty to the offence of sexual activity in a public place, causing alarm, harassment, or distress and breaching an early release licence.
As per Isle of Man Today's reporting of sentencing on Tuesday 2 December, he was fined £500 and released to Tromode House.
In the days since, a petition has been launched online calling into question the early release model, and demanding key resignations, along with the recall of Mr Hall to prison.
However, Mr Hall was released automatically as per the Custody Act 1995, which calls for the release of a short-term detainee (those with a sentence of less than four years) once they have served half of their sentence.
He was serving two years and 10 months for indecently assaulting a 15-year-old schoolgirl who he lured to his flat by promising her vapes and alcohol.
Therefore, he was eligible for release at the halfway point, subject to licencing conditions.
Upon seeing the petition online, Manx Radio approached the Department of Home Affairs for comment.
In a statement, a spokesperson told us: "Mr Hall's sentence of two years and 10 months is a matter of public record.
"The Custody Act 1995 governs the release of prisoners, which is dependent on their offence and length of sentence.
"The following summarises the position in relation to short-term detainees (those with a sentence of less than four years).
"The Department must release a short-term detainee once they have served half their sentence (Paragraph 2(1)(b), of Schedule 2 of the Custody Act 1995). This release is either unconditional (if their sentence was less than 12 months) or on licence (if their sentence was for 12 months or more, up to four years).
"In Mr Hall's case, as an offender with a short-term sentence, he was required to be released on licence, by law, at the halfway point of his sentence, reduced further for any time spent on remand.
"A person released on licence means they are subject to certain conditions and are supervised by the Isle of Man Probation Service. In the case of sex offenders, this includes conditions relating to their offending behaviours. In relation to Mr Hall specifically, following the offence, the probation service has introduced additional measures to reduce the risk to the public.
"If a person breaches their licence during the period it is in place (i.e. fails to comply with the conditions), they are guilty of an offence, liable on summary conviction to a fine. The Court may suspend their licence for up to six months and require them to be recalled to prison.
"It is only the Court which is empowered to require the individual’s return to prison in these circumstances.
"In relation to temporary release due to overcrowding, the Department does not release sex offenders, domestic abuse perpetrators or those convicted of serious crimes of violence."
The department recently released videos explaining the parole process.
You can read more HERE.
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