Misconduct in Public Office - Client Avoids Prison

Case study summary

Our client admitted to having a relationship with a prisoner whilst working as a prison officer at a high security prison. Despite these cases almost always resulting in immediate custody, our thorough preparation and expert mitigation at court resulted in a suspended sentence.

Case study

Our client was being investigated for an allegation of misconduct in public office. She was accused of having a relationship with a prisoner whilst working as a prison officer and she had admitted the offence in her police interview. Our client instructed us after her interview, and we began working immediately because almost all of these cases result in immediate prison sentences.

We spent time getting to know our client and understand why she found herself being investigated for such a serious offence when she had, in her words, never even received a speeding ticket before. From our initial conferences, we immediately identified that she was a vulnerable young woman. She began working as a prison officer at 19 years old and, after completing a period of training for only 6 weeks, she was sent to work at a Category A prison. Such prisons are described by the government as, “High security prisons which house male prisoners who, if they were to escape, pose the most threat to the public, the police or national security”. Our client explained how she did not have adequate training, the prison was understaffed and she felt as though she had truly been thrown in the deep end.

The extent of the issues which our client was exposed to during her role as a prison officer reached its peak when she discovered a death in custody. She was the first to the scene after an inmate had sadly taken their own life. This traumatic event affected our client significantly. She described having flashbacks and nightmares and the thought of serving a prison sentence of her own only exacerbated these symptoms.

During this time of vulnerability and mental distress, our client accepts that she had a lapse in judgment and developed a relationship with a prisoner after he initially reached out to her via social media. We instructed a Forensic Psychologist to explore our client’s vulnerabilities and explain the likely impact which an immediate prison sentence would have on her mental health.

We also gathered references from our client’s family and friends. They all described her as a kind, caring and respectable young woman. Each reference echoed how the offending had come as a shock to them as it was completely out of character.

By the time our client was charged and we prepared for her sentence hearing, she had taken steps to show that she had matured and learnt from her past mistake. She had completed a self-development course with a therapist, obtained a new job and was settled in a healthy relationship.

Despite the progress our client had made, she knew that an immediate prison sentence was still a real possibility. However, our thorough preparation and the instruction of an expert defence barrister, Graham Rishton of Lincoln House Chambers, who presented strong mitigation to the court, persuaded the court to impose a suspended prison sentence. Our client was overjoyed with the outcome.