Convicted paedophile freed early from prison is awarded £2,500 in compensation after moaning his licence conditions breached his human rights

A convicted paedophile who was freed early from prison has been awarded £2,500 in compensation after moaning that his licence conditions breached his human rights. Wayne Truter, 53, was released early from HMP Leyhill, Gloucester, after spending five years locked up for sexual offences against three boys.The disgraced IT consultant was moved to an approved premises in Northampton during his subsequent licence period.Stringent conditions were imposed on him by the Multi-Agency Public Protection Arrangements (MAPPA), who are tasked with keeping the public safe.He had to obey a 7pm to 7am curfew and report three times to a probation hostel during his 12 hours of liberty during the day.These visits were deliberately scheduled at 10am, 1pm and 4pm to protect local children who would be going to and leaving schools.Truter, who is a British-South African dual national, wanted to serve his licence period in South Africa, but he was denied this opportunity as his passport was confiscated under the additional licence conditions.The paedophile repeatedly argued that the extra licence conditions were unlawful and an unfair restriction on his freedoms. Wayne Truter, 53, was released early from HMP Leyhill, Gloucester, (pictured) after spending five years locked up for sexual offences against three boysHis pleas were dismissed by his probation officer Sean Westcott, who thought he was being 'arrogant' in telling him how to do his job, and the Parole Board.But after bringing a judicial review using the European Convention of Human Rights (ECHR) legislation, a High Court judge has agreed that they were unlawfully imposed and ruled in his favour.He concluded that Mr Truter had endured 'false imprisonment' in breach of Article 8 of the ECHR, which is the right to respect for a private life.He was later recalled to prison to serve the remainder of his sentence after refusing to allow an inspection of his electronic device, a tablet, which he had used to compile his judicial review claim.However, the judge ruled that his recall to prison was appropriate and dismissed Truter's claim for 'deprivation of liberty'.Truter stayed at the approved premises from September 2019 until the end of January 2020.His Honour Judge Tindal said that Truter has a better understanding of the justice system than the Probation Service.He said: 'Mr Westcott took over Mr Truter's case as his probation officer in September 2018, about a year before Mr Truter's entitlement to release at the end of his custodial term. 'Mr Westcott met Mr Truter on a couple of occasions, the first being on March 7, 2019, shortly before the hearing of the Parole Board in March 2019 at which Mr Truter sought release.'I accept Mr Truter's evidence that he argued to the Parole Board they should release him because they could impose additional licence conditions which the defendant (The Secretary of State for Justice) at the end of the custodial term six months later could not.'I do not criticise Mr Westcott for this given the inaccurate guidance, but he understood as arrogance what was actually a correct statement of law by Mr Truter.'It was not the first or the last time where Mr Truter has pointed out to the defendant a particular point which is, in fact correct, but its officers do not accept it, thinking they understand the system better than a prisoner.'In this particular case, they did not.'On June 12, 2019, Mr Westcott met Mr Truter who at that stage certainly told Mr Westcott that he and MAPPA had no power to adopt those additional licence conditions.'That meeting could have done little to assuage Mr Westcott's concerns, as Mr Truter took the view, which he was legally entitled to take, that he would only comply with conditions that were lawfully imposed.'When a probation officer hears a convicted child sex offender say he is not going to comply with conditions intended to protect children, that is going to be a matter of considerable concern.'Mr Truter has dual British and South African citizenship and so his plan on release had in fact been to ask for permission under that standard licence condition to go and live in South Africa and serve his licence period there.'However, that was not possible for Mr Truter due to his 'additional licence conditions' which it is common ground were not lawfully imposed.'Someone can be 'imprisoned' if obliged to remain somewhere they do not wish to be, irrespective of the practical means by which that is enforced.'Mr Truter has proved there was false imprisonment, so that claim succeeds and, in my judgment, an award of damages for £2,500 is appropriate.'Truter, from Hemel Hempstead, Hertfordshire, groomed three boys aged 12, 14 and 15 by lavishing them with gifts.He invited them to his home where he sexually abused them between 2009 and 2013.Truter was jailed for eight years at St Albans Crown Court in October 2014.