A security firm was ordered to appear before a judge today, after the mother jailed for allowing her children play truant arrived more than three hours late at Oxford Crown Court.
Judge Peter Crawford yesterday cut Patricia Amos's 60-day prison sentence for failing to send her two teenage daughters to school.
Her sentence was reduced to 28 days and she was released after having served half of her new sentence.
Then he attacked Securicor for the delay in getting her to court for her appeal against the sentence. He said the company might have committed contempt of court by unlawfully detaining 43-year-old Amos.
The court was due to start at 9.45am. The Securicor escort left Holloway Prison, in north London, at 9.06am and headed first to Guildford, in Surrey. It was then due to deliver another woman prisoner to High Wycombe before heading to Oxford, but Oxford became the priority after the company became aware of the judge's frustration. Amos eventually arrived at the crown court at 1pm.
In a statement, it said: "This was due to the combination of a delay in receiving her at Holloway Prison and a lack of information regarding the court's requirements, which led to the trip being planned ineffectively.
"Securicor is now carrying out a full investigation into these events. Securicor endeavours to deliver all prisoners to their hearings on time.
"However, on this occasion we were unsuccessful and every effort will be made to reduce the likelihood of this happening in the future."
The judge said: "It is the duty of the custodial authority to deliver prisoners to court in time for the case when it is listed. I am not aware of any legal justification for detaining a person after the time they are required to appear in court. This appears to have been an unlawful detention." Amos's solicitor, Stephen Warrington, said she had been driven a considerable distance in the small prison van without any facilities. The judge delayed taking action until today and said he hoped the company would be represented by a barrister.
After the case, Colin Clifford, the justices' chief executive at Oxford Magistrates' Court, said the late delivery of prisoners was a serious problem. The Thames Valley Area Criminal Justice Strategy Committee, comprising courts, police and the Crime Prosecution Service was looking for a solution, he said. Amos, of School View, Banbury, was jailed two weeks ago at Banbury Magistrates' Court for allowing her two teenage daughters, Emma, 15, and Jackie, 13, to miss lessons at Banbury School over a two-year period.
The 43-year-old was the first parent in Britain to be sent to prison for such an offence.
Judge Crawford, who sat with two magistrates, told Amos that although she had persistently and deliberately refused to accept her parental obligations and prison was appropriate, the sentence was too long.
Amos clutched her head in her hands as her sentence was reduced.
After the hearing, her solicitor Stephen Warrington said: "Obviously she is delighted to be out. All she really wants to do is to get home and see the children again." During the case, Miss Louise Worton, for the Crown, said Amos had repeatedly failed to ensure her children attended Banbury School, had repeatedly missed meetings with education officials and had breached a parenting order imposed by Banbury magistrates ordering her to ensure the youngsters attended school.
From September 5, 2001 to February 8 this year the court was told Emma attended only 55 out of 190 school registrations -- a 29 per cent attendance record.
In the same period, Jackie attended 64 of 190 school sessions -- a 34 per cent attendance rate.
Over the 20-week period, Emma missed nine weeks completely and Jackie seven weeks.
Miss Worton said Emma was also heard to have been working in a Banbury pub in the evenings. Excuses given included claims that the dog had chewed her trainers and "I couldn't make it due to a meningitis injection".
The court also heard that Amos had previous convictions for theft and that in 1994 she was prosecuted under old legislation for failing to ensure another daughter, Elizabeth, attended school. Amos had been given a 12-month conditional discharge.
Paul Reid, Amos's barrister, told the court: "This lady pleaded guilty to this offence at the first occasion. She is a lady who has never been in custody. I make one point: this sentence was excessive and should be reduced by this court." He said Amos had tried sending the girls to school by taxi and had confiscated their house keys to stop them coming home.
Mr Reid said the death of Amos's 63-year-old mother at the family home in 1999, where she was found by the two teenage girls, had exaggerated the problem of the children's truancy and had caused "devastation" in the family.
A letter to the court from Jennifer Wolfendene, a bereavement councillor at Holloway Prison, said: "The extreme distress experienced by this family after this woman's death became pathological."
Amos broke down in tears in the dock when her barrister described the death of her mother. Outside court, Keith Mitchell, leader of Oxfordshire County Council, said: "We took the case against Mrs Amos to court. It is not the council's policy to discuss the sentence of judges.
"This was a case where the legislation should be applied and we applied it. And if necessary we will apply it again if we have tried other measures and if there is a parent who is not getting education for a child."
"I hope this is a warning that we mean business. Truancy is not acceptable, children need their education and they have only one chance."
Mr Mitchell said Oxfordshire County Council would take the same action again against Amos if she persisted in not ensuring her children attended school.
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