Recall, criminal investigations and release – insidetime & insideinformation

The past two years have been particularly challenging for all types of cases within the criminal justice system. This article focuses on inmates who have been recalled and are being investigated for other alleged criminal offences.

Unfortunately, it doesn’t take much to be called back. Inmates can be recalled for something relatively insignificant, even for something that didn’t actually happen. Without the assistance of a specialist, many of them will end up needlessly waiting a very long time before being released. Some will unfortunately spend a disproportionate amount of time in detention before being released. BD attorneys insist on ensuring there is minimal delay in recall cases by actively engaging with decision makers from the outset. We ensure that attention is not focused solely on the alleged misconduct, but that equal attention is given to the reasons for the recall and that those reasons are properly reviewed and challenged where necessary.

The situation of inmates who are recalled becomes more complicated when the recall occurs as a result of new criminal allegations. It’s perhaps understandable that the parole board is “reluctant” to release an inmate until an investigation is complete, but BD’s lawyers believe it should never be possible for release to fail. be granted only at the end of an investigation. without any formal action being taken. Many criminal allegations are simply weak, trivial in nature, flawed in evidence and, in some cases, patently fabricated.

When making representations for release, BD’s attorneys emphasize that a criminal investigation should not automatically bar release. Our approach is to ensure, where possible, that we assist a client both in any ongoing criminal investigation and in the matter of making representations for release. Having one person handling both issues has so many benefits. This allows the individual attorney to gain a thorough understanding of the nature and extent of the criminal allegations and to make the appropriate representations to the police to ensure that the investigation is conducted properly, fairly and expeditiously. This allows the attorney, because of this understanding, to address any gaps in the evidence and provide the parole board with a more accurate update on the progress of the investigation, as he has a line direct communication with the police investigating the case. Case.

Allowing the police to take their time for an investigation is never acceptable, especially when the question of release is unfortunately too often dependent on a favorable outcome of an investigation. BD’s attorneys believe that having different attorneys handle the recall issue and the criminal investigation separately isn’t always ideal. In cases that proceed to an oral hearing, the single attorney responsible for both cases ensures that he or she is well equipped to make more focused and persuasive oral submissions on the nature and scope of the criminal case. In cases where it is apparent that the criminal investigation is taking too long to complete, or where investigators provide little or unsatisfactory updates, BD attorneys will not hesitate to ask the parole board to give a directive that the investigator will provide. a full and proper update. In some cases, we even ask the parole board to order that an investigator physically attend an in-person oral hearing to explain their lack of communication and to respond to the many unanswered requests for a proper update.

Detainees must not simply accept that an investigation is “ongoing”. COVID has obviously had an impact on the progression of cases, but things are getting back on track and this excuse can’t last forever. Recall can and often does have a profound impact on employment, home and family life, relationships and, perhaps most ominously, an inmate’s mental health. BD Solicitors’ message is clear; if you want to make sure you get released as soon as possible, contact us so we can help.

Please write to: Prison Law Team, BD Solicitors, First Floor, 32 Long Causeway, Peterborough PE1 1YJ.

Collette Blake and Harjit Wells are Corrections and Criminal Law Advisors at BD Solicitors

Mark M. Gagnon