Jail for 'vulnerable' defendant 'failed by the system'

Prison sentence handed to 28-year-old despite it not being 'appropriate sentence'

A 28-year-old man who offended out of ‘desperation’ for help has been jailed despite the deputy high bailiff acknowledging that prison is ‘not the appropriate sentence’.

At Douglas Courthouse today (1 October) Jordan Declan Caley, of no fixed address, was handed a 30-week custodial sentence after pleading guilty to six offences.

Sentencing in the case had previously been delayed whilst efforts were made to find him suitable accommodation so a more appropriate sentence of probation could be imposed instead.

Rachael Braidwood told the court without an address, she would ‘literally be setting him up to fail’, adding the options were ‘limited’ and telling the court: “It’s a very sorry state of affairs.”

‘No response’

Last week she heard that efforts were being made to have Caley assessed by the Mental Health Service, but it was confirmed during sentencing that this had not taken place as requested.

A senior probation officer told the court her superior, in the Prison and Probation Service, had asked for the assessment from Manx Care adding: “There was no response to that email.”

The health body was recontacted for a follow-up but Sarah Proudlove told the court: “Again there was no response.”

She also confirmed that Social Care had been asked to re-look at potential accommodation options but hadn’t replied.

Describing the situation as weighing ‘very heavily’ on her team, Mrs Proudlove said she’d exhausted all options but would continue to try and secure suitable accommodation for Caley on his release.

In response Deputy High Bailiff Braidwood told the court: “I find it surprising that there’s been a lack of response from other agencies.”

Offending

Today the court heard Caley’s offending had taken place between May and September this year.

On 22 May he’d gone to Police Headquarters with a knife saying he wanted to speak to a police officer; he was arrested and admitted possessing a bladed article in public.

Three months later, on 15 July, Caley entered a hostel on Murrays Road in Douglas where he’d previously resided; he stole food and kitchen utensils and was arrested and admitted burglary.

Three days later, on 18 July, Caley caused criminal damage at Newby’s in Douglas after being refused service.

He was arrested and admitted the offence as well as having 0.2 grams of cannabis in his possession.

On 23 July Caley went to Noble’s Hospital and entered the shop which was in the process of closing; he stole a bottle of Lucozade.

He was arrested and told officers he was trying to get help as he needed to see a doctor.

And on 5 September Caley entered SPAR, on Bucks Road in Douglas, where he proceeded to knock over goods and throw items around the shop before later helping to pick them up.

He admitted using threatening, abusive and insulting words or behaviour.  

The prosecutor told the court: “It seems to me, clearly, Mr Caley - through his actions - was seeking help as far as I am concerned.”

‘Tragic Situation’

Caley’s advocate told the court it was clear that his client had been ‘failed by the system’ adding he would try to avoid getting ‘on his soapbox’ whilst providing mitigation.

Describing it as a ‘tragic situation’ he added: “Mr Caley’s actions have, on each occasion, been a cry for help.”

“His cries for help have gone unanswered due to flaws in the system.” Paul Glover (Advocate)

Sending Caley to prison, Deputy High Bailiff Braidwood said it was clear that he'd had had a ‘very difficult background’, with a ‘lack of guidance and care’ from being a child.

Addressing him in the dock, she said a lack of mental health support, and suitable accommodation, had ‘led you to where you are today’ adding he was a ‘vulnerable individual’ who was at risk of exploitation in prison and in the community.

Imposing the immediate custodial sentence she added: “It’s not the most appropriate sentence for you but it’s literally the only thing I can do for you Mr Caley.

“It’s a very sad and very unsatisfactory situation."

Response

Manx Radio has invited Manx Care to respond. 

The health body has previously said it had nothing further to add to a statement already issued by the Department of Home Affairs. 

You can find that HERE.