Victims of John Worboys were given written assurances by crown prosecutors at the time of his conviction that his sentence was “to all intents and purposes” the same as a term of life imprisonment.
Letters from the CPS lawyer who conducted Worboys’s prosecution and a Metropolitan police detective in the case, passed to BBC News, told victims in March 2009, before he was sentenced, that the black-cab rapist was unlikely to be charged with further offences “partly because of the lengthy sentence anticipated”.
The disclosure that victims whose complaints did not result in a prosecution were given written assurances that Worboys would serve the equivalent of a life sentence will further fuel debate over his release after serving 10 years. The victims were also given the clear impression that he was unlikely to be released after serving his minimum tariff of eight years.
The Parole Board is able to assess the continued risk posed by prisoners based on psychiatrist and prison guard reports at Parole Board hearings that take place around once a year for each offender. Some of the hearings are oral, some of them written.
In November, a three-person panel of the Parole Board directed the release of Worboys, following an oral hearing. He will be released back into society under strict monitoring on a licence period of at least 10 years.
Parole Board hearings are held in private and reasons for release are not made public, although a consultation is to be launched on how the body shares its decision-making with the public.
The Parole Board is an independent body and its recommendation for Worboys’ release cannot be overturned by the Ministry of Justice.
There are examples of Parole Board decisions being challenged by judicial review in the courts, but only when the prisoner has been denied release.
A CPS specialist casework lawyer who conducted the prosecution, wrote to victims on 28 April 2009, after Worboys was sentenced to an indeterminate sentence for public protection (IPP): “An indeterminate sentence is a new sentence that has been introduced only a few years ago. To all intents and purposes, it is a sentence of life imprisonment.”
He said Worboys had been convicted of 19 counts including rape, assault by penetration, sexual assault and drugging his victims in relation to 12 individual victims.
For 17 of the counts the judge had given him an IPP sentence with a notional term of 10 years – the maximum for those offences – with an order that he could apply for release after five years. For the remaining two counts of rape and assault by penetration he was given a notional sentence of 16 years with an order that he could apply for release only after eight years.
“When a prisoner is sentenced to life imprisonment there is always the possibility they can apply to the Parole Board for release after the expiry of a certain amount of time. With a few minor technical differences, the sentence received by Worboys is exactly the same,” the crown prosecutor wrote.
The lawyer went on to tell victims that “merely because he is allowed to apply after eight years does not mean he will be granted parole. It is clear from the judge’s sentencing remarks that he is considered a dangerous offender.”
The prosecutor then stressed that the Parole Board would have to consider that Worboys had committed “an awful lot of serious offences” and that he had continued to maintain his innocence even after being sentenced. “Contrition is also a factor which is considered most carefully by those responsible for considering any application that he might be released.”
Connell thanked the victims for coming forward even though their complaints were not included in the prosecution. “I selected the charges for the indictment on the basis that they were the most serious allegations and provided the best evidence against Worboys,” he explained. “There are dangers in putting too many charges on an indictment as the trial can be too long and complicated.”
Another letter, from a detective inspector, who was on the Worboys inquiry, and dated 18 March 2009, five days after the taxi driver’s conviction, said Worboys was unlikely to be charged with further offences.
(October 14, 2006) Victim one drugged by Worboys
When she comes to, the victim finds Worboys attempting to put his hand inside her underwear. She reports it to the police
(November 10, 2006) Victim two drugged
Remembers nothing more
(April 5, 2007) Victim three given a drugged drink which she rejects
She escapes without being assaulted
(June 29, 2007) Victim four drugged
Remembers Worboys kissing her, but nothing more. The following day her legs are bruised
(July 1, 2007) Victim five drugged
Remembers nothing more
(July 26, 2007)
Victim six claimed she was drugged, but insisted on being taken home without being assaulted. Worboys was found not guilty of administering a drug with intent
Victim seven picked up later the same evening. Drugged and sexually assaulted while unconscious, finding her tampon missing the following day. She reports it to the police
(July 27, 2007) Worboys arrested
Worboys arrested after his cab's licence plate was identified on CCTV from the building where victim seven lived. Released on police bail and no further action is taken
(October 1, 2007) Case dropped against Worboys
(December 21, 2007) Victim eight drugged and raped
She reports the attack to police
(January 3, 2008) Victim nine drugged and sexually assaulted
She reports the attack to police
(January 11, 2008) Victim 10 claimed she was drugged
Worboys was found not guilty of administering a drug with intent
(January 31, 2008) Victim 11 drugged
Remembers finding her skirt pushed to her waist. Later discovers from police that she had been forcibly penetrated with a vibrator
(February 5, 2008) Victim 12 drugged and almost certainly raped
She goes to the police
(February 14, 2008) Victim 13 drugged
(February 15, 2008) Victim 14 drugged
The court heard she lost a wristband which was later found at Worboys' home.
Worboys arrested at 10am on suspicion of repeated sexual assaults
(February 18, 2008) Worboys charged with offences against six women
Total later rises to 14 as more victims come forward
“This is partly because of the lengthy sentence anticipated. Also, given the significant publicity that the case has attracted, it is unlikely that he would be able to obtain a further fair trial,” he said.
The Metropolitan police confirmed on Monday that a fresh complaint of sexual assault against Worboys dating from 2009 had been received in the past few weeks and was now being investigated. Worboys was moved to Belmarsh prison in London at the weekend, with his release anticipated in the next few weeks.
