Judge says abuser CAN be released from prison

Adoptive mother of boy abused so badly by his birth mother and her partner that he lost both his legs is ‘disappointed’ after High Court judge says she CAN be released from prison

• Tony Hudgell, 8, was abused so badly that both of his legs had to be amputated
• His birth mother, Jody Simpson, was due to be released on licence in August
• Dominic Raab had tried to stop the release but High Court Judge ruled ‘unlawful’ 

The adoptive mother of a boy who was tortured so badly that he needed to have both legs amputated said she is ‘disappointed’ that his abusive birth mother will be released from prison. 

Paula Hudgell said that every extra day that Jodie Smith, 29, is in prison, is a ‘bonus’ after a High Court judge ruled she could be released on licence.  

Jody Simpson and her partner Anthony Smith were jailed for 10 years in 2018 after torturing Tony Hudgell, 8, so badly that he needed both legs amputating.

Simpson had been due for release on licence in August but Justice Secretary Dominic Raab intervened.

Tony Hudgell had both legs amputated when he was four months old, after he was abused by his birth mother and her partner

Jodie Simpson, 29, and her partner Anthony Smith were jailed for 10 years in 2018 for torturing Tony Hudgell. Simpson was due for release in August but Justice Secretary Dominic Raab intervened

Tony Hudgell, 8, uses prosthetic legs to walk after both of his legs were amputated when he was four months old. He raised more than £1million for Evelina London Children’s Hospital by completing a walking challenge

In a ruling on Friday, Mrs Justice Heather Williams said Mr Raab’s decisions to refer Simpson’s case should be quashed.

Tony’s adoptive mother, Paula Hudgell, told BBC News she was ‘disappointed’.

‘I thought Dominic Raab had an extremely strong case,’ she said.

‘Obviously we knew they would be released at some point, but every extra day is a bonus as far as we’re concerned.’

Mr Raab personally referred Simpson’s case to the Parole Board under new powers designed to keep the public safe from dangerous criminals. 

Anthony Smith’s sentence was also referred to the board by Mr Raab, which put his release on licence on hold.

The referral overrides the automatic conditional release of a prisoner, in specific circumstances where public safety is deemed to be at risk.

Prisoners referred under this ‘power to detain’ are not released until the Parole Board is satisfied that it is no longer necessary for the protection of the public for the prisoner to be confined or they reach the end of their sentence.

Simpson brought a legal challenge against Mr Raab’s decisions, arguing that they were ‘unreasonable’, unlawfully prolonged her detention and were not justified in departing from the view of the sentencing judge that she ‘did not pose a significant risk of serious harm to members of the public’.

A High Court judge agreed that Mr Raab’s decision had been unlawful.  

Her MP, security minister Tom Tugendhat, described the ruling as ‘very disappointing’.

He told the broadcaster: ‘These two people have committed a horrific act against a young child, and Tony and his real parents, the parents who actually love him, Paula and Mark, have been campaigning to get the law changed.

‘They always knew it wasn’t going to change for Tony of course, that’s in the past, but that’s exactly why they were campaigning to get the law changed for the future.’

Tougher sentencing for child abusers were introduced in June. 

Anyone who causes or allows the death of a child or vulnerable adult in their household can now be given up to life in prison – increased from the previous 14-year maximum.

The sentencing changes under the Police, Crime, Sentencing and Courts Act 2022 are known as ‘Tony’s Law’, following campaigning by the child’s adoptive family.

Tony was 41 days old when he was assaulted by his birth parents, an attack which caused multiple fractures, dislocations and blunt trauma to the face, leading to organ failure, toxic shock and sepsis.

He was left untreated and in agony for 10 days, and due to the extent of his injuries both his legs had to be amputated.

Tony’s adoptive mother, Paula Hudgell, said she was disappointed by the decision and that every extra day Simpson stays in prison was a ‘bonus’

His adoptive mother previously said that the boy ‘suffers every single day’ and that Simpson and Smith’s sentence ‘doesn’t reflect the severity of the crime’.

Justice Heather Williams concluded that Mr Raab did not have the legally required ‘reasonable grounds’ for believing the prisoner posed a ‘significant risk’ as opposed to ‘a possible risk of her re-offending or a risk that cannot be ruled out altogether’.

‘In this instance there was a formidable body of material before the secretary of state, at each stage of his decision-making, which indicated that (Simpson’s) risks could be safely managed if she was released,’ the judge said.

The judge added that the Probation Service previously decided that Simpson only posed a risk to children in specific contexts and licence conditions would prohibit her from contact with children. 

Simpson might have to follow conditions including not to communicate with Tony or his family, not to have unsupervised contact with children under 16 without prior approval, not to contact Smith, and to observe a nightly curfew if she is released.

Mr Raab said he was considering whether to appeal.

‘I want to see the most dangerous offenders spend longer behind bars which is why I intervened in this case, passed tougher sentences for child cruelty, and introduced parole reforms to keep prisoners who pose a risk to the public off our streets,’ he said.

‘I am now carefully considering whether to appeal in this case.’

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