East Lancashire teenage killer to be released next year

His family, who were told of 17-year-old William Upton’s release date this week, said they were ‘very upset’ at the decision.

Upton is set to be freed in October 2011, the month of his 19th birthday, and could apply for home visits before that date.

The news comes at a particularly difficult time for the Rogers family as they prepare to mark the anniversary of their 24-year-old son's death on Monday.

Upton, from Rishton, was sentenced to four years detention in April for the manslaughter of Adam in Blackburn town centre.

At sentencing, Judge Stuart Baker gave him four years detention, but deducted six and a half months from the total for the time Upton spent on bail in Derbyshire before trial and time on remand between conviction and sentencing.

Adam’s mum Pat Rogers, of Dukes Brow, Blackburn, admitted the realisation that Upton would only serve little more than 18 months in custody had hit her hard.

She said: “From my point of view, the sentence given was four years.

"Although that didn’t seem an awful lot, the judge explained it was the maximum he could get, so it wasn’t a shock.

“My understanding was that people were then considered for early release if they behaved well and showed remorse.

“But it seems they are automatically released halfway through on licence. Perhaps that is my naivety.

“Without making it too personal, it seems like crime against property is taken more seriously and given harder terms than crime against people.

“Though I don’t wish the young man any ill will or harm, I don’t think that length of time in detention is what I would call a fair penalty to pay.

“It’s very difficult because nothing will bring Adam back and one thing he believed in was being fair and right.

"For me that amount of time does not make me feel the justice system has been fair and right.”

Pat said her husband Dave insisted the priority was for Upton to be released as a changed person.

She said: “Dave strongly believes that the focus should be on the fact that he faces up to what he’s done, whatever time is spent in custody.”

But Pat claimed the early release undermines their anti-violence Consequences campaign, supported by the Lancashire Telegraph.

She said: “We are trying to talk to people about consequences. It doesn’t seem a just consequence for what he did.”

Pat admitted the timing had left her ‘very upset’.

She said: “Obviously that’s now very much in our minds. It doesn’t seem like a year, it’s gone so quickly.

“If four years means two years, then it should be more clear - why not just say two years?”

Adam's uncle, Ged Johnson, said: “The judge in the case said this was a really serious offence and that he was going to give him a custodial sentence of four years which was at the top end of the scale because of his age.

“Then there was time knocked off for the period he spent on bail, that was a kick in the teeth.

"Now he's going to be out in less than two years – what part of that is a strict custodial sentence?

“We didn't want him jailing for life, we felt sorry for his family too and want him to get on with his life.

"But I just feel the justice system is very difficult to understand.”

Ged said that Adam's parents Pat and Dave Rogers had ‘only just started along the grieving process’.

“The news really floored Pat. She doesn't want to walk around Blackburn town centre and bump into him.

“I'm quite happy to take the argument that he didn't intend to kill, but he did intend to hurt and you've got to take the consequences – that’s what the campaign is about.

“Less than two years in a Young Offenders Institute for killing somebody with a violent attack, for me, isn't justice.

“He's going to be out next year starting the rest of his life. Adam doesn't get that chance.”

Detective Constable Jane Lawrenson of the Public Protection Unit in Accrington, confirmed that October 2011 was the likely release date, although it was 'not set in stone'.

She said offenders could apply for home visits as part of the release process, but this would not happen in the next 12 months.

A Ministry of Justice spokesman said: “We do not comment on individual prisoners.

“The Criminal Justice Act 2003 provides for the automatic release of prisoners at the halfway point, with probation supervision for those serving 12 months or more until the end of sentence.

"Time spent on remand counts towards the time served in custody by a prisoner.

“Decisions on sentencing in individual court cases must always be a matter for the independent judiciary.”

Blackburn MP and shadow Justice Secretary Jack Straw confirmed that the half-way release rule was automatic, but that judges were ‘obliged to spell that out clearly’.

He said: “I understand the family’s concerns and I accept that the way sentencing is described can be confusing.

"The difficulty is working out a better way.”