Armed robber freed against advice

Sean Henry had been released on life licence in 2004

An armed robber who shot a jeweller had been freed from jail a year earlier against the advice of prison, probation and medical staff, the BBC has learned.

Sean Henry, 35, of south London, was convicted of carrying out the 2005 robbery in West Sussex.

The shooting during a £50,000 raid followed a decision by a Parole Board panel to free Henry on licence after he had served 13 years for murder.

A "lack of detailed written reasons" were given for why advice was ignored.

It had been recommended that Henry should spend two years in an open prison, in order to re-adapt to outside life, before getting a full release.

Bullet hit phone

Parole board officials have now said that prisoners like Henry will spend time in open jails in future unless "exceptional circumstances" are presented.

He was originally jailed in 1990 for kicking and beating a person to death when he was just 17.

We wish to convey our sympathies to the victim and his family for the trauma they have suffered Parole Board statement

The BBC investigation found he was released on life licence in May 1999, but was sent back to jail after seven months for failing to keep his probation appointments.

The Parole Board said two further hearings refused Henry's release, before a third panel concluded "that it was not necessary for the protection of the public that he continued to be detained".

He was released on 24 August 2004.

In September the following year, Henry shot Darren Prior as he chased him down an alleyway in Horsham, West Sussex.

The manager of Amore Jewellers, which had been looted of diamond rings worth £50,00, only survived because the bullet ricocheted off the mobile phone in his suit jacket pocket.

Darren Prior chased Henry after he stole £50,000 of diamond rings

Henry, of Wallington, was convicted in May of attempted murder, robbery and possessing a firearm, and sentenced last month to at least 15 years in prison.

The Parole Board said a review of Henry's case was carried out in April 2006, while he was on police bail in connection with the armed robbery.

One of its findings was "the lack of detailed written reasons given by the panel for their decision not to test the prisoner in open conditions before considering release".

"The panel members in this case have all been advised in writing of the findings of the review committee," a Parole Board statement said.

The members would generally consist of a judge, a psychiatrist and one independent member, who would usually have some knowledge of the criminal justice system.

A Parole Board spokesman said that the panel in Henry's case would have considered all the relevant evidence and reports, but it would not have been unusual at the time for the decision to go against some aspects of the advice available.

Crimewatch appeal

"Since this case took place, the Board has formally adopted a policy that the release of an indeterminate sentence prisoner from 'closed' conditions should only take place in exceptional circumstances," the statement added.

"The Board wishes to convey its sympathies to the victim and his family for the trauma they have suffered."

Shadow Justice Secretary Nick Herbert commented: "Serious questions must be asked about why a murderer was released onto the streets against official advice.

"The foreshortening of sentences gravely undermines confidence in the penal system."

Henry and an accomplice were caught after a prison officer recognised him on a BBC Crimewatch appeal.