Paul Blackburn (UK)
Encyclopedia
Paul Blackburn was a British
prisoner who was convicted at the age of 15 of attempted murder
, served a life sentence, and was later found to have been wrongly convicted. He served nearly 25 years in prison
.
Blackburn was initially interviewed by the police on 3 July 1978, after he had turned 15. His second police interview was ten days later, and during this he gave a different account of his locations on the day of the crime. In a third interview, Blackburn was questioned, without being cautioned, on the inconsistencies in his two accounts and was told that the description of the offender matched his own. During this interview Blackburn refused to take part in an identification parade or to provide forensic samples and verbally abused the police. Two of Paul Blackburn's brothers, Fred and Harry, were also interviewed by the police.
Paul Blackburn then confessed to the crime during another lengthy interview with the police, but later retracted his confession. The total length of this interview was four hours and twenty minutes, and there is no record of any breaks being taken. Three hours and ten minutes of the interview consisted of questioning by two senior police officers, and it was only at the end of this period that Blackburn made his confession.
During this interview he did not have the services of a solicitor
(he was not advised that he could consult one) and nor was he accompanied by a parent or guardian. He was accompanied by an adult, but during the appeal it was decided that this accompanying adult did little to support Blackburn's interests.
Paul Blackburn was not the only suspect
for the crime. In fact he was not even the only suspect who confessed to this crime during an interview. Indeed, Paul Blackburn's older brother Fred confessed but soon retracted his confession. Two other youths also confessed but then retracted.
refused to refer the case to the court of appeal after receiving a petition
for Blackburn. 2
Blackburn was released in March 2003. His prison sentence had been significantly lengthened because he continued to deny his guilt.
In August 2004 Blackburn's case was reviewed by the Criminal Cases Review Commission
and was referred to the court of appeal. This appeal was heard in the Royal Court of Justice, London and Blackburn's conviction was ruled to be unsafe and was therefore overturned on 24 May 2005, about 27 years after he was initially convicted. Lord Justice Keene conducted this hearing and Lord Carlisle, who was also part of the prosecution team in Blackburn's initial trial, represented the Crown. Blackburn was represented by Gabb & Co (of Powys) 2.
by any means, the immediate necessity seeming far more important than long term implications. The psychologist also described how a suspect may also invent details during an interrogation.
There were several factors about the interview during which Blackburn confessed which contributed to the court of appeal's verdict. These include the lengthy questioning, the lack of a parent, guardian or solicitor, the fact that Blackburn was not advised of his entitlement to legal advice
and the young age of Blackburn at the time.
During the appeal the Crown
also admitted that Blackburn was prompted to make his confession, and therefore Judge's rules had been breached. In addition, evidence was found that the police were involved significantly with the wording used in Blackburn's statement of confession. It was felt by the appeal judges that, as this involvement had previously been denied on oath
by the police, all the evidence they gave relating to the interview was therefore no longer reliable.
The appeal court ruled that Blackburn's confession should never have been used as evidence
in his trial.
As the sixth of eight children, Blackburn lived in cramped conditions with little privacy. There was also a lot of friction and hostility between the members of the Blackburn family, even aside from the Father. Paul Blackburn does not remember feeling close to the other members of his immediate family, and had difficulty knowing how to react to affection from more distant relatives.
Blackburn made friends at school, however, and he remembers spending as much time as possible with them, most of the time following fairly normal childhood pursuits.
Blackburn was "no angel", however, and at the age of 13 he went to Red Bank approved school
in Lancashire
.
Blackburn describes his experience of living in prison as "living on a knife edge", because of the constant threat of attack he was under as a convicted sex offender
.
During his incarceration Blackburn spent 18 months in a punishment block at Wormwood Scrubs (HM Prison)
.3
Despite all these problems, Blackburn has said he found freedom in the act of fighting for his cause and also a freedom inside his own mind, which he came to realise could never be taken away. These freedom sentiments are similar to those expressed by the concentration camp survivor Viktor Frankl
.
Blackburn holds the opinion that many people in prison have been wrongly convicted.
and feels he may never recover emotionally from his ordeal. He says that he experiences guilt
because he feels he was partly to blame for his wrongful conviction, and he also feels guilt that he could have done more to fight for his release after he was convicted.
Blackburn says he has had difficulty adjusting to freedom and difficulty with having "his own space" and being by himself, after a lifetime of being deprived of this. However he has also said that he does enjoy the freedom he now has and likes being outdoors and experiencing the natural environment
which prisoners are usually deprived of.
Blackburn has expressed surprise at how he can get on with people and develop relationships after what he has been through, indeed he started a relationship with a woman (Norma) whilst still in prison. He states that she was a great support to him when he left prison and their relationship is ongoing (as of early 2007).
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
prisoner who was convicted at the age of 15 of attempted murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, served a life sentence, and was later found to have been wrongly convicted. He served nearly 25 years in prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
.
The crime and investigation
Blackburn was accused and convicted of the attempted rape and attempted murder of a 9 year old boy, that took place on 25 June 1978 2. Whether or not this crime occurred is not contested. Blackburn was 14 when the crime was committed.Blackburn was initially interviewed by the police on 3 July 1978, after he had turned 15. His second police interview was ten days later, and during this he gave a different account of his locations on the day of the crime. In a third interview, Blackburn was questioned, without being cautioned, on the inconsistencies in his two accounts and was told that the description of the offender matched his own. During this interview Blackburn refused to take part in an identification parade or to provide forensic samples and verbally abused the police. Two of Paul Blackburn's brothers, Fred and Harry, were also interviewed by the police.
Paul Blackburn then confessed to the crime during another lengthy interview with the police, but later retracted his confession. The total length of this interview was four hours and twenty minutes, and there is no record of any breaks being taken. Three hours and ten minutes of the interview consisted of questioning by two senior police officers, and it was only at the end of this period that Blackburn made his confession.
During this interview he did not have the services of a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
(he was not advised that he could consult one) and nor was he accompanied by a parent or guardian. He was accompanied by an adult, but during the appeal it was decided that this accompanying adult did little to support Blackburn's interests.
Paul Blackburn was not the only suspect
Suspect
In the parlance of criminal justice, a suspect is a known person suspected of committing a crime.Police and reporters often incorrectly use the word suspect when referring to the...
for the crime. In fact he was not even the only suspect who confessed to this crime during an interview. Indeed, Paul Blackburn's older brother Fred confessed but soon retracted his confession. Two other youths also confessed but then retracted.
The conviction
Paul Blackburn was convicted on 18 December 1978 2, at Chester crown court 2 before Judge Bristo and was sentenced to life for the attempted murder and to two years (to be served concurrently) for the attempted rape.The appeal process
There then followed a protracted process of appeals. Two appeal applications were initially refused, the first solely by Judge Bristo, and the second by the full court (in March 1981 2). In 1995 the secretary of stateSecretary of State
Secretary of State or State Secretary is a commonly used title for a senior or mid-level post in governments around the world. The role varies between countries, and in some cases there are multiple Secretaries of State in the Government....
refused to refer the case to the court of appeal after receiving a petition
Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
for Blackburn. 2
Blackburn was released in March 2003. His prison sentence had been significantly lengthened because he continued to deny his guilt.
In August 2004 Blackburn's case was reviewed by the Criminal Cases Review Commission
Criminal Cases Review Commission
The Criminal Cases Review Commission is an non-departmental public body set up following the Royal Commission on Criminal Justice itself a continuation of the May Inquiry. It aims to investigate possible miscarriages of justice in England, Wales and Northern Ireland...
and was referred to the court of appeal. This appeal was heard in the Royal Court of Justice, London and Blackburn's conviction was ruled to be unsafe and was therefore overturned on 24 May 2005, about 27 years after he was initially convicted. Lord Justice Keene conducted this hearing and Lord Carlisle, who was also part of the prosecution team in Blackburn's initial trial, represented the Crown. Blackburn was represented by Gabb & Co (of Powys) 2.
Reasons for the appeal verdict
During the appeal, evidence was provided by a forensic psychologist. This consisted of details on how false confessions (termed coerced compliant confessions) may be provided by young, vulnerable suspects. It was stated this can occur when they are fatigued by a process of prolonged questioning over which they feel they have no control. The suspect eventually cannot resist ending the interrogationInterrogation
Interrogation is interviewing as commonly employed by officers of the police, military, and Intelligence agencies with the goal of extracting a confession or obtaining information. Subjects of interrogation are often the suspects, victims, or witnesses of a crime...
by any means, the immediate necessity seeming far more important than long term implications. The psychologist also described how a suspect may also invent details during an interrogation.
There were several factors about the interview during which Blackburn confessed which contributed to the court of appeal's verdict. These include the lengthy questioning, the lack of a parent, guardian or solicitor, the fact that Blackburn was not advised of his entitlement to legal advice
Legal advice
In the common law, legal advice is the giving of a formal opinion regarding the substance or procedure of the law by an officer of the court , ordinarily in exchange for financial or other tangible compensation...
and the young age of Blackburn at the time.
During the appeal the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
also admitted that Blackburn was prompted to make his confession, and therefore Judge's rules had been breached. In addition, evidence was found that the police were involved significantly with the wording used in Blackburn's statement of confession. It was felt by the appeal judges that, as this involvement had previously been denied on oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
by the police, all the evidence they gave relating to the interview was therefore no longer reliable.
The appeal court ruled that Blackburn's confession should never have been used as evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
in his trial.
Early life
Blackburn had a difficult childhood. His father was often away at sea, but he was an alcoholic and when his father was present he created a climate of fear in the household. Blackburn says that his father was violent towards the children, showed them no affection and verbally abused them.As the sixth of eight children, Blackburn lived in cramped conditions with little privacy. There was also a lot of friction and hostility between the members of the Blackburn family, even aside from the Father. Paul Blackburn does not remember feeling close to the other members of his immediate family, and had difficulty knowing how to react to affection from more distant relatives.
Blackburn made friends at school, however, and he remembers spending as much time as possible with them, most of the time following fairly normal childhood pursuits.
Blackburn was "no angel", however, and at the age of 13 he went to Red Bank approved school
Approved School
Approved School is a term formerly used in the United Kingdom to mean a particular kind of residential institution to which young people could be sent by a court, usually for committing offences but sometimes because they were deemed to be beyond parental control...
in Lancashire
Lancashire
Lancashire is a non-metropolitan county of historic origin in the North West of England. It takes its name from the city of Lancaster, and is sometimes known as the County of Lancaster. Although Lancaster is still considered to be the county town, Lancashire County Council is based in Preston...
.
Prison life
Despite Blackburn's youth when he was convicted, he was sent to a prison mainly housing other convicted murderers and sex offenders. He has explained he was initially young compared to most prisoners and was a target for bullying from inmates and prison staff.Blackburn describes his experience of living in prison as "living on a knife edge", because of the constant threat of attack he was under as a convicted sex offender
Sex offender
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a...
.
During his incarceration Blackburn spent 18 months in a punishment block at Wormwood Scrubs (HM Prison)
Wormwood Scrubs (HM Prison)
HM Prison Wormwood Scrubs is a Category B men's prison, located in the Wormwood Scrubs area of the London Borough of Hammersmith and Fulham, in inner west London, England. The prison is operated by Her Majesty's Prison Service....
.3
Despite all these problems, Blackburn has said he found freedom in the act of fighting for his cause and also a freedom inside his own mind, which he came to realise could never be taken away. These freedom sentiments are similar to those expressed by the concentration camp survivor Viktor Frankl
Viktor Frankl
Viktor Emil Frankl M.D., Ph.D. was an Austrian neurologist and psychiatrist as well as a Holocaust survivor. Frankl was the founder of logotherapy, which is a form of Existential Analysis, the "Third Viennese School of Psychotherapy"...
.
Blackburn holds the opinion that many people in prison have been wrongly convicted.
Emotional effects and life after prison
Blackburn continues (as of early 2007) to suffer from intense feelings of angerAnger
Anger is an automatic response to ill treatment. It is the way a person indicates he or she will not tolerate certain types of behaviour. It is a feedback mechanism in which an unpleasant stimulus is met with an unpleasant response....
and feels he may never recover emotionally from his ordeal. He says that he experiences guilt
Guilt
Guilt is the state of being responsible for the commission of an offense. It is also a cognitive or an emotional experience that occurs when a person realizes or believes—accurately or not—that he or she has violated a moral standard, and bears significant responsibility for that...
because he feels he was partly to blame for his wrongful conviction, and he also feels guilt that he could have done more to fight for his release after he was convicted.
Blackburn says he has had difficulty adjusting to freedom and difficulty with having "his own space" and being by himself, after a lifetime of being deprived of this. However he has also said that he does enjoy the freedom he now has and likes being outdoors and experiencing the natural environment
Natural environment
The natural environment encompasses all living and non-living things occurring naturally on Earth or some region thereof. It is an environment that encompasses the interaction of all living species....
which prisoners are usually deprived of.
Blackburn has expressed surprise at how he can get on with people and develop relationships after what he has been through, indeed he started a relationship with a woman (Norma) whilst still in prison. He states that she was a great support to him when he left prison and their relationship is ongoing (as of early 2007).