Jeffrey Donaldson sentencing: Entitlement to 50 per cent remission under fire

Former prison governor Ian Acheson has said the public will be “baffled” by why the child sex offender is entitled to serve only half his 15 year sentence behind bars.

Meanwhile Jon Burrows, a former police commander turned UUP leader, said it undermines the message that the authorities are trying to send about treating historic sex crime allegations seriously.

Mr Acheson, who is originally from Enniskillen, started out as a rank-and-file prison officer and went on to become a prison governor in Great Britain.

Asked to comment on Donaldson’s sentence, he said: “Donaldson is a convicted paedophile.

"I understand that the sentence fell within the range, but whether it was reasonable or not to put it at 15 years will be a matter for the Court of Appeal if and when they are asked to review the sentence for undue lenience.

"But I can well understand the feelings of ordinary people who are baffled by the fact that a child rapist can be free after serving only 50% of his sentence in custody.”

He said Donaldson presents a “very complex” challenge for jail authorities.

Could he be moved to a prison in GB for safety?

"The NI prison estate is small and very full,” said Mr Acheson.

"Realistically, given his offence profile, he should be at HMP Maghaberry for the start of his sentence with the possibility of preparation for release at HMP Magilligan further down the line.

"But Donaldson's offence details, along with his political profile and UDR service, complicate an already difficult safeguarding strategy in a very small prison system.

"There is the possibility that it is judged that he cannot be managed safely within the NI system.

"The law provides for a transfer to other prisons in GB, with or without his consent in the interests of security or good order.

"That is certainly something that will be under active review.

"The sex offender population in England and Wales alone is about 8,000 and there are whole sex offender prisons as well as wings in prisons dedicated to holding them.”

He added: “Going forward, if he is moved from the hospital wing we are told he is currently located on, there are options for him to be housed with other vulnerable prisoners within Maghaberry.

"The NI Prison Service is required to provide a regime that is broadly comparable to what.we would call 'normal location' for prisoners who are not at risk because of their offence or other personal characteristics.

"But in reality, life on these wings will be more constrained.”

Is an attack on him inevitable over the next 7.5 years?

"It is not inevitable,” said Mr Acheson.

"But his risk of being assaulted by others is elevated...

"Prisons have hierarchies and those who have a deviant sexual interest in children are truly at the bottom of the pile, even within the larger sex offender cohort.”

He also said: “There is also the risk of self harm by him given a catastrophic fall from grace and status, although I would say that is reduced at the moment because of his ongoing appeal against all 18 convictions."

Meanwhile Mr Burrows said that freeing Donaldson halfway through his sentence would be “obscene” and “anathema to justice”.

Under Northern Irish law, every prisoner whose crimes were committed before 2008 is automatically entitled to 50% remission from their prison time.

That includes former political giant Donaldson, whose sexual abuse of two girls took place between 1985 and 2008.

The result is the 63-year-old faces a maximum of seven and a half years behind bars, before serving the rest of his 15-year sentence in the community, subject to supervision on licence.

For MLA Jon Burrows, a senior policeman before he entered politics, that reduction is “grotesque” – and, he fears, could even put other victims of historical sex offences off coming forward.

“In this case, two brave women had the courage to get a conviction against one of the most powerful people in the country,” he told the News Letter. “They sent a message to all victims that if you come forward you can get justice, despite the passage of time and despite the status of the suspect.

“But now that it’s public knowledge all offenders whose crimes were before 2008 automatically get 50% off their prison term, it’s going to undermine confidence that was being built from this case. It undermines confidence in our justice system.”

In the wake of Donaldson’s conviction, both the police and prosecutors urged victims of other historical sex offences to come forward, reinforcing that investigating officers will treat them seriously and sensitively while there are legal measures that can be brought to bear to reduce the distress of giving evidence in court.

For Mr Burrows, the discount in jail time means that victims are being supported as far as possible all the way through the legal system only to be let down at the final hurdle. Remission in Donaldson’s case is particularly offensive, he argues, as the disgraced politician not only consistently denied committing his crimes, forcing his victims to go through the harsh experience of being cross-examined on the witness stand, but continues to insist he’s not guilty.

“Even if he maintains his innocence, does he still get seven and a half years taken off his time? My understanding is he does,” said Mr Burrows. For victims, no sentence is ever long enough; they get a lifelong sentence. "But it is anathema to justice that someone automatically gets 50% off their prison term despite showing no remorse and denying their offences throughout.”

The UUP leader is asking questions of the Justice Minister, demanding new legislation to end remission for serious historical crimes.

“In my view there should be no 50% reduction for anyone who maintains they’re not guilty after conviction,” he said, “and for sexual cases like this, I do not believe that any remission is appropriate, let alone 50%.

“It’s too late in the Donaldson case, but going forward we need to look at ways to stop someone being convicted of such a serious offence from automatically getting 50% off. And who on earth approved this in the first place?

Who thought it was in any way legitimate to give 50% off to anyone convicted? That scheme was fundamentally flawed.”

Automatic remission was ended in a 2008 law change, but still applies to offences committed before then.