Senior judge calls for government intervention in Northern Ireland’s ‘abject’ rehabilitation system

Lord Justice McCloskey called for intervention at government level as he dismissed an appeal by a convicted robber who has now spent more than 10 years in jail.

He said: “This court, sadly, is powerless to provide a solution to this highly disturbing state of affairs in Northern Ireland.”

Martin Doherty, 43, was challenging an indeterminate custodial sentence (ICS) imposed back in 2011 after he pleaded guilty to twice robbing taxi drivers at knifepoint.

At the time he had amassed nearly 150 previous convictions, including multiple counts of robbery, possessing an offensive weapon, and hijacking.

Ordered to serve a minimum of four years in prison for the taxi raids, Doherty remains behind bars.

The ICS was assessed as being necessary to protect the public from a dangerous offender.

Defence lawyers argued in the Court of Appeal that he should instead have received an extended custodial sentence (ECS) which involves a set period of imprisonment and the possibility of early release.

Despite Doherty’s tariff having expired in June 2014, Parole Commissioners have repeatedly determined that he continues to pose a risk which cannot be managed in the community.

At that hearing earlier this month a psychologist expressed grave reservations about rehabilitation facilities available to offenders in Northern Ireland suffering from a personality disorder.

She contrasted the situation in England, where prison officers are fully trained to ensure the appropriate attention and treatment.

Although the court ruled that the wrong sentence was imposed for offences of possessing an offensive weapon, Doherty’s appeal against receiving an ICS on the two counts of robbery was dismissed.

Based on the Commissioners’ consistent assessment, Lord Justice McCloskey held: “In short, the statutory test for releasing the appellant is manifestly not satisfied.

He said the case had also exposed inadequacies in Northern Ireland’s post-sentencing system.

Doherty has now served the equivalent of a 20-year determinate sentence, made minimal progress towards release and has not received appropriate medical treatment for a serious personality disorder, he pointed out.

Describing the IPS as “an extreme, Draconian sentencing weapon”, the judge went on: “The real mischief is the unavailability of the necessary professional services in Northern Ireland to bring about Mr Doherty’s rehabilitation.

“The evidence suggests that the failings in this respect are abject in nature.”

He lamented that a scheme devised by a judicial colleague, where remand prisoners would be offered the opportunity to join a boxing club as a condition of bail, has been derailed by Covid 19.

“The public interest in the rehabilitation of offenders is based on benefiting and protecting all members of society,” Lord Justice McCloskey stressed.

“It is not being furthered in the case of Mr Doherty and other related cases.

“No public interest is served by the reoffending of convicted offenders who have not received appropriate professional treatments and interventions before their release.”

He added: “It is the court’s earnest hope that Mr Doherty’s case will provide a stimulus for much needed intervention and investment on the part of the Executive.

“The alternative is a senseless vicious circle of offending and reoffending, a veritable vortex in which there is no winner.”

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