Four phones seized from convicted drug dealer Roy Hickman were deemed to contain no evidence of further crimes after they could not be tested, leading to a conditional discharge at Liverpool Crown Court on Wednesday.
Hickman, 42, was arrested after police stopped a grey BMW on William Jessop Way in Liverpool city centre on July 6. Officers seized a quantity of cannabis from the vehicle, which led to his arrest and a search of his home on the same street.
During the search, officers found three phones: two in the bedroom and one in the living room. Another phone was recovered from Hickman's person at the custody suite. Having more than one phone breached a serious crime prevention order (SCPO) imposed to limit his ability to reengage in criminality.
Background of the SCPO
The SCPO was imposed at Carlisle Crown Court after Hickman, originally from the Dovecot area, was sentenced to 172 months in prison for conspiracy to supply class A drugs. The order is in place until 2029.
Hickman initially denied a single charge of failing to comply with the SCPO but pleaded guilty in the crown court in August. A charge of possession of a class B drug, cannabis, was ordered to lie on the file.
The court heard Hickman had a "long and unenvious record" including 34 convictions for 89 offences, covering dishonesty, robbery, and drug dealing.
Court Proceedings and Sentencing
Jonathan Keane, prosecuting, told the court that three months after a judge ordered the police and Crown Prosecution Service to examine the phones as a matter of urgency, specialists said they were unable to be downloaded. The phones had been sent to the police's digital unit and "added to the pile" before it was determined they could not be downloaded.
John Rowan, defending, said Hickman was recalled on licence following his charge the day after his arrest and had been held in prison since. Mr Rowan told the court: "He had been in a vehicle with his partner that evening. He had a mobile phone in his possession that was registered with probation. They had the PIN number for it. He gave the police the PIN for it. When searching his home address they found the other phones. He said they are old phones. He said they were not used in the commission of further offences and no evidence to the contrary has been provided by the crown."
Mr Rowan added that Hickman had served the equivalent of a 12-month prison sentence while waiting for the phones to be tested, and that he was "suffering from psychosis and has been referred to a psychiatrist", noting: "These proceedings hanging over him have been more difficult for him."
Outcome and Next Steps
Recorder Harriet Johnson told the court that Hickman said the phones contained no evidence of criminality and, after the contents could not be downloaded, sentenced him on that basis. Hickman, appearing via video link from Altcourse prison, was given a conditional discharge. She told him: "You will receive no further punishment provided you commit no further offence in the next 12 months."
The judge ordered the deprivation of the three phones found in Hickman's home and the cannabis, while the phone found on his person would be returned to him. Hickman is due to appear for a parole hearing next month.
