[BBC News] DJ Kershaw is freed from prison

[Albert Tatlock]

Maybe I'm wrong, but as I understood it British Citizens cannot be deported from IoM - though can voluntarily agree to be bound over to not return to the territory - but this is by agreement - not something than can be imposed.

I believe it's possible under the 'Criminal Justice (Exclusion of Non-Resident Offenders) Bill 1998 - and applies to any non-resident (of the Isle of Man) - British national or not.

[Skeddan]

I believe it's possible under the 'Criminal Justice (Exclusion of Non-Resident Offenders) Bill 1998 - and applies to any non-resident (of the Isle of Man) - British national or not.

thanks very much AT. Would you have a link handy for this? - I haven't been able to find it myself. Thanks.

[ans]

If this report is to be believed (and everything is reported as facts, not claims), the bleeding heart liberals who claim all he wanted was to see his children might want to revise their stance. He was given unsupervised access and he blew it. Spectacularly.

 

http://www.dailymail.co.uk/pages/live/arti...in_page_id=1773

[Albert Tatlock]

I believe it's possible under the 'Criminal Justice (Exclusion of Non-Resident Offenders) Bill 1998 - and applies to any non-resident (of the Isle of Man) - British national or not.

thanks very much AT. Would you have a link handy for this? - I haven't been able to find it myself. Thanks.

Only this extract from Hansard. The act is pre-2001 so not available on the gov website AFAIK

[The Old Git]

"The judge, who sentenced him to six months suspended for two years on condition he leave the island to get his life in order"

 

That seem to be the deal done. Voluntary leave and the jail sentence will be suspended, stay and you'll go to prison.

[Skeddan]

Only this extract from Hansard. The act is pre-2001 so not available on the gov website AFAIK

Again, thanks very much...

 

The relevant bit is this:

 

Sub-clause (2) specifies certain cases in which an exclusion order must not be made.

These, first, are where the convicted person is ordinarily resident in the Island. This means

that, no matter what their nationality or length of residence, a person who is already resident

on the Island cannot be made subject to an exclusion order. The reason for this particular

limitation stems from the operation of the Isle of Man’s obligation in relation to the protection of

an individual’s right to respect for private and family life, which is protected by the European

Convention of Human Rights amongst other international conventions.

Kershaw is ordinarily resident (as I understand it). Moore - who was the subject of an exclusion order as per link given by ans had only arrived in IoM that day and was not a resident. Doesn't matter Kershaw has not yet been in IoM for 5 years - point is whether or not he is resident in IoM.

 

Hence if Kershaw is resident in IoM an exclusion order could not be made against him. So for Moyle to say he wasn't going to officially exclude him is a bit like his saying he wasn't going to have him hung drawn and quartered - it simply wasn't in his power anyway.

[Albert Tatlock]

If this report is to be believed (and everything is reported as facts, not claims), the bleeding heart liberals who claim all he wanted was to see his children might want to revise their stance. He was given unsupervised access and he blew it. Spectacularly.

All of this follows the end of a 17 year relationship - even his mother might not get to see the kids again for a long time, and at her age that could possibly mean never again.

 

Not everyone has your degree of stability. I hope if the sh1t hits the fan for you big time one day, you get the support - though in your case you obviously wouldn't need it.

 

The only good thing that has come out of this, is that it contains lessons for everyone - well nearly everyone.

[The Old Git]

Hence if Kershaw is resident in IoM an exclusion order could not be made against him. So for Moyle to say he wasn't going to officially exclude him is a bit like his saying he wasn't going to have him hung drawn and quartered - it simply wasn't in his power anyway.

 

I think that is true, it isn't in his power if Kershaw is resident.

 

A deal was made, leave and seek help and comfort with your family (mother, sister, etc) or go back to jail for a few more months. The porridge can't have been that good so he took the one sensible decision he's made recently and left the island to live with his mother.

 

I hope that gives him the support and separation from temptation that he needs.

[Skeddan]

... he blew it. Spectacularly.

All of this follows the end of a 17 year relationship -

He didn't blow it as much as he could. He's still around. Heath Ledger isn't. A lot of suicide is a form of aggression. There'd be sympathy and help available if he was seen as a suicide risk - well from most at least.

 

Getting that distance is probably the best thing for him - and 'sending' him off in this way was sensible way to handle it (just concerned that Moyle seemed to think he might have powers to actually exclude him in a way contra to ECHR etc.).

[Albert Tatlock]

(just concerned that Moyle seemed to think he might have powers to actually exclude him in a way contra to ECHR etc.).

Mr Moyle didn't actually say that though - according to MR, the quote was 'whilst I am not offically excluding your or banning you from the island...' i.e. implying the chance to get away and sort himself out. However, Mr Moyle did ammend the order 'to make any contact with his former partner or her boyfriend a breach.' - so if he doesn't sort himself out and does make contact anytime in the next two years he will be arrested on his return and likely jailed for 6 months.

[John Wright]

and in practical terms how can he exercise contact with his children, or they with him, if he cannot talk to their mother about pick up or drop off

 

Conundrum

Catch 22

 

Sad

[Stu Peters]

I was in court to cover this yesterday, and ans is quite right - this latest sad chain of events began when the son phoned his mother 'in hysterics' on Sunday afternoon as Kershaw was drunk and raging whilst supposedly looking after his two small children. The kids were evacuated from the situation by relatives and later that evening Ms Banner received three abusive texts and also voicemail messages.

 

I don't have my notes here at home so can't quote verbatim, but they included calling her a coward and goading her into taking action against him, asking about her sexual prowess, and telling her "I'm the hardest man in the Isle of Man".

 

The evidence presented yesterday showed him to be an arrogant, boorish, bullying, irresponsible, egotistical nightmare. Whether that's all down to the drink wasn't discussed.

 

Edit to add: I don't suppose there's any problem with Kershaw's mother or sister talking to Ms Banner or the children - but I'm not a lawyer.

[The Old Git]

and in practical terms how can he exercise contact with his children, or they with him, if he cannot talk to their mother about pick up or drop off

 

Presumably if his children still want to see him it can be arranged through a reasonable and responsible third party?

 

Edit to add - Just like Stu has suggested in his edit :-)

[Albert Tatlock]

and in practical terms how can he exercise contact with his children, or they with him, if he cannot talk to their mother about pick up or drop off

 

Presumably if his children still want to see him it can be arranged through a reasonable and responsible third party?

 

Edit to add - Just like Stu has suggested in his edit :-)

There is a divorce and conciliation service on the island, part of the court/probation services, that can act as such intermediaries.

[Skeddan]

Mr Moyle didn't actually say that though - according to MR, the quote was 'whilst I am not offically excluding your or banning you from the island...' i.e. implying the chance to get away and sort himself out.

Yes - I know that. But this statement does seem to suggest that Moyle might have made an exclusion order and that such an order was a possible option available to him. Do High Bailiffs normally make comments about their not exercising powers they do not have - e.g.: "whilst I am not sentencing you to have your toenails pulled out...". It very much seemed it might have been a possibility - but it struck me as odd that should have such powers.

 

Having clarified the exclusion order limits, I'd certainly imagine Moyle knows this too. My guess is that it perhaps this might have been a clumsy way of treading carefully in a high profile case - i.e. wanting to make clear that telling him to go to his Mum's in the UK and sort himself out should not be considered as effecting free movement and breach of ECHR and was not deportation or banning from IoM.

 

I take it he can return to IoM whenever he likes - but if he breaks conditions of the order within 2 years (whether in the UK or IoM) he may be arrested and imprisoned (though if he broke these conditions outside IoM he could only be arrested on his return).