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Thoughts on this?
Feels like she should be forced to face the judge for sentencing, but is it really necessary? It already feels like enough of a circus, maybe it shouldn't have been reported that she wouldn't attend. That would have at least denied her the publicity.
Not sure how you can?
Short of putting her on a sack barrow like Hannibal Lecter.
She going to get multiple life sentences, a few months for contempt of court or similar is going to make no difference to her stay in prison.
Absolutely if the family or families want it.
I am not sure what it would add really. At the worst a convicted person could take the opportunity to yawn, laugh, etc to make the families of victims feel even more slighted.
I think the proposal is more about the 'theatre' of the courts, and people's desires to see the guilty punished. Whilst this is part of the justice system, we should be more focussed on rehabilitation where possible, and understanding (to prevent reoccurence) in cases like this where rehabilitation seems less likely.
If justice is done, no need for any appearance at sentencing.
On first thought I thought yes, they should be there to face the judge.
But if I take a step back to ask why I thought that, there aren't to many good reasons to mandate them being there.
Ultimately it makes no difference to her sentencing or what happens to her next.
So no, I don't think they should be compelled to be there. But I can see a certain kind of person being very, very keen on it.
it's tempting to imagine them there, quietly absorbing the magnitude of what they did and being genuinely affected by what they hear from victims but I'm not at all sure that's what would follow
...to have a perpetrator potentially sitting grinning, even laughing in the dock or worse, being so disruptive that they're eventually removed anyway might make things hugely worse overall
Feels like she should be forced to face the judge for sentencing, but is it really necessary?
Absolutely, the government needed a great big sinking dead cat to distract from the white (red and grey) elephant in Portland harbor. this is exactly the sort of unworkable law they can bring in then blame on the liberal lefty cabal of lawyers when it turns out that if forced then the guilty will just cause a scene until they're removed.
It already feels like enough of a circus, maybe it shouldn’t have been reported that she wouldn’t attend. That would have at least denied her the publicity.
TBH my gut feeling from seeing the same 30s clip on the news as everyone else was she comes across as more severely mentally unwell and trying to avoid publicity. Not a terrorist seeking publicity or criminal seeking notoriety so I'm not sure what naming her, not naming her, forcing her to attend, or anything else really achieves.
It's a final kick in the teeth for the victims, it denies them the opportunity to have their impact statements read out in front of the offender. Defendants, especially in murder or violent offence cases should absolutely be made to be present for the verdict and sentencing IMO. Dragged kicking and screaming if necessary. I'm genuinely surprised they have a choice in the matter.
Conflicted on this.
I absolutely believe a criminal needs to be publicly accountable for their crimes, and turning up in court should be part of that.
However, I'm not sure I want the judicial process turning into a circus or freak show if prisoners are having to be dragged into the dock. Especially how some parts of the press may then add to the spectacle with their reporting. I think there's a real danger of pandering to the mob. If I was a victim/family in such a case, I'm not sure I'd want the convicted to have the chance to put on a show, that shouldn’t be the abiding memory of my loss.
The government will see this as a vote winner in terms of "tough on crime", I'm sure.
It’s more performative statements from MPs.
Don’t get me wrong, I think it’s cowardly behaviour, but then so is everything that she’s done so far.
Realistically what more can be done? I believe that refusal to attend already affects sentencing, but in a whole life tarrif, it’s hard to see what else can be done?
If someone is physically dragged into court, and handcuffed to the dock, it’s only likely to cause even more disruption. Similarly if it’s played into their cell, what happens if they start harming themselves or stage a dirty protest during the impact statements?
Cable tie them to a chair and gag them, no kicking and screaming allowed. In the last two publicised cases recently of the guilty refusing to come into court the families wanted it to happen. It's that opinion that counts not anybodies on here.
It’s that opinion that counts not anybodies on here.
Not if you consider the perpetrator to still be a human being and to be treated as such.
Otherwise you'd just end up lynching everyone for every crime...
Cable tie them to a chair and gag them, no kicking and screaming allowed.
I reckon that fella locked up for the best part of two decades for a crime he didn't commit would appreciate one final indignity.
If they dont want to show up, fine. It'll only be another opportunity for the press to big up her achievements as the new number-one best child killer of all time or whatever other crass reporting they have planned.
Defendants, especially in murder or violent offence cases should absolutely be made to be present for the verdict and sentencing IMO. Dragged kicking and screaming if necessary. I’m genuinely surprised they have a choice in the matter.
how are you keeping them quiet and calm? There are many, many ways that dragging someone back into court goes badly
Should be the choice of the victim(s), based on the desire to have them there for the victim statements. Victims would be made aware of the possibility of it backfiring on them.
That would have at least denied her the publicity.
Is publicity something that she's seeking?
The issue of attendance / non attendance of sentencing was already something that is being campaigned on currently. Her non attandance is just an example of convicted criminals choosing not to attend sentencing. Quite a few don't. But the idea of being compelled to attend has been in the news for a few months.
Theres not really anything the convicted party can do by being present to affect the outcome. Similarly for the victims - I'm not really sure why they would choose to be present for sentencing - the trial is over - the sentencing is just a report of a decision that has already been made - they don't have to be there either, theres no case for them to make by being there. It could just be an email.
…to have a perpetrator potentially sitting grinning, even laughing in the dock or worse, being so disruptive that they’re eventually removed anyway might make things hugely worse overall
I'm not convinced this specific convicted person would act like that but in principle I agree. If part of the punishment ritual is watching the convicted crumple at the thought of what is ahead of them and the judge's harsh words of condemnation, it requires that person to have the sort of mindset you would expect to have yourself. That is not going to be the case a lot of the time.
In many ways removing the condemned and leaving the space for the judge and the victims family might be the best outcome - they are not worthy of being in the room. "we have your child's killer; what they did was abhorrent; we as a society are so sorry for what has happened and this person will not ever be released to do the same again".
Bigger picture - it sounds like lots of failures allowed this woman to have the freedom and access to do what she did. It must be a pretty hollow feeling of being right all along if you were one of those doctors forced to apologise to her for raising your suspicions.
If it were so pivotal to the justice process, it would already be law. It's not as if there has been a previous shortage of convictions on which to base a decision.
I reckon that fella locked up for the best part of two decades for a crime he didn’t commit would appreciate one final indignity.
They'd then have to drag the victims family back to court, tied to a chair and make them apologise to him for having made him listen to their victim statements 20 years earlier....
If it were so pivotal to the justice process, it would already be law.
This. We're witnessing soundbites and spin by a Government desperately trying to cling on before it's own political party tears itself apart. They'll do or say anything to remain relevant to potential voters.
Similarly for the victims – I’m not really sure why they would choose to be present for sentencing – the trial is over – the sentencing is just a report of a decision that has already been made – they don’t have to be there either, theres not case for them to make. It could just be an email.
It’s a chance for them to feel heard. Not quite so effective by email.
It’s a chance for them to feel heard.
Only if the convicted is actually listening....
I suspect in most cases they DGAS.
Only if the convicted is actually listening….
I suspect in most cases they DGAS.
A chance for the victims to be heard by the court.
Bread and circuses.
It would achieve nothing apart from a nice spectacle for others
I really don’t understand it as thankfully I have never been in these peoples shoes.
Looking at it objectively though, what does it achieve? Maybe some murderers my offer remorse, but then I would imagine most people that kill will be anything other than pleasant in front of victims families making things worse for the families, not to mention the staff who would have to try and get the person to the court
If the law did change I bet there would be many cases where the ‘law’ would have to be changed back so Mr physcho murderer didn’t end going in to the court room and causing more harm to victims
Just doesn’t help either side IMO.
A chance for the victims to be heard by the court.
Correct but the murderer really isn’t that bothered about hearing so don’t need to be there, it’s not going to change the outcome, or make them think they wish they hadn’t done it
there has been work done where prisoner rehabilitation has worked by meeting victims, but the day of sentencing isn’t really the time to start that process is it, that’s just fundamentally wrong
What I would like to see is the NHS Senior Managers appear in front of the families and explain why they did nothing to stop this happening
That is the real issue here, and I hope someone has the balls to do them for corporate manslaughter. this happens day in day out in the NHS, maybe not murder but certainly cases of harm
the managers do take some blame for the slowness in dealing with it - but are also a product of a system intended to mimic competition - so of course there is pressure on them not to publicise bad news and to sweep things under the rug. Inevitable in the English system
When you look into any adverse events in the NHS its almost always a series of errors or actions - not just one. In this case that would include a system which leads to secrecy - both the competition aspect and also the blame culture. Training of manager might well play a part. Monitoring of staff, training etc etc etc
Who are we vaguebooking about? That nurse?
It’s that opinion that counts not anybodies on here.
It's not though, is it. There is an outside chance that victims and family thereof might just be a little bit emotional, and emotion isn't a great contributing factor in a legal process. Someone's "opinion" does not - and absolutely should not - matter one jot when it comes to the processing and sentencing of an accused suspect.
this happens day in day out in the NHS
Medical serial killers?
It’s that opinion that counts not anybodies on here.
If my child had been murdered I strongly suspect I'd want the victim dragged through the streets on a cart while things were hurled at them. Every day. Sentencing should be about justice not retribution at the whim of those left behind by such horrible crimes.
Medical serial killers?
Nope but practice causing harm to patients. All the maternity issues result from the way/lack of governance.
I worked at a Trust where everyone knew 1 surgeons outcomes were not great, it even ended up in a coroner s court. The Trust only took action after coroners court, and gave him a nice pay off to leave, he now works privately in Dubai
I know closer to home (for me) where everything single thing that has happened in this case has happened to surgeons who raised concerns about a colleague (colleague wasn’t murdering people, but was/is causing harm)
There was that surgeon that stabbed another. That involved safety concerns
The safety/governance process in hospitals is completely flawed. It’s always the person who raises the concerns who gets victimised.
A chance for the victims to be heard by the court.
Does that not still happen, regardless?
Did I miss something in this case that hasn't happened previously, why is there now a demand for those found guilty to be present?
If they cant be arsed to show up for sentencing then they should loose their 50% reduction in sentence for being good behind bars.
The clamour in the media for it is, I suspect, more about missing out on the court sketch and something to write dramatically about.
The victims can't be named for legal reasons, and there are a lot of column inches to fill with articles questioning how a nice middle-class white girl could do such a thing.
If they cant be arsed to show up for sentencing then they should loose their 50% reduction in sentence for being good behind bars.
She's getting a Whole Life Tariff, no reduction is available.
I can't see what value it would add her being there, she is going to prison for the rest of her life I would call that a result.
@FunkyDunc as a doctor, I think that the fundamental error made here was one of classification.
Instead of treating this as an abuse case, it was treated as one of clinical competence. The rest stems from that.
There is an awful lot of arse-covering going on.
The doctors have some very difficult questions to answer I’m afraid.
If they suspected criminality early on, they had a clear ethical and statutory duty, which is to inform the police. No ifs, no buts no maybes. It is also clear that they cannot defer this duty to any other person. Our ethical and statutory duties override any other considerations.
I know this because it is part of our child protection training.
If they didn’t suspect criminality early on, which is understandable, because medical serial killers are rare, and “nice Lucy” doesn’t fit the perceived profile, then it is not surprising that neither did the management who consequently treated it as an issue of clinical incompetence, for which little to no evidence was found.
It’s more performative statements from MPs.
This. Daily Mail -> Rishi Sunak -> Keir Starmer, the shit dribbling downhill.
TiRed
Full Member
If it were so pivotal to the justice process, it would already be law. It’s not as if there has been a previous shortage of convictions on which to base a decision
Came here to say exactly that.
It’s that opinion that counts not anybodies on here.
If that were true, then I'm sure death penalty would be applied.
<span style="font-size: 0.8rem;">It's the courts opinion that counts and the sentence applied is punishment *not* revenge. </span>
And to many politicians these days seem to think they are media pundits rather than legislators.
There was a Now Show sketch years ago that I always think of in these situations where there is a clamour for "something to be done"
<span style="font-size: 0.8rem;">Following a train crash they asked the parents of one of the victims if enough has been done to ensure safety and whether they should spend millions of pounds installing safety systems. </span>
<span style="font-size: 0.8rem;">The parent said " of course I think so, but I'm not the right person to ask, I'm too emotionally involved. You need to ask someone who can judge whether it's an effective and proportionate use of public money"</span>
I think everyone should be present at sentencing unless the court grants permission not to be there. To me its as much about justice being seen to be done and the guilty party should be present to hear the comments of the judge and their sentence. Not turning up also makes the victim statements a bit pointless as the person they are aimed at isn’t there to hear them and I dont suppose they read them at a later date.
And if they turn up just to grin and laugh at the impact statements then what?
Then give the judge the power to dismiss them from court, as per interview on R4 news the "norm" should the that the guilty be in court for these things but give the judge the power to use their common sense.
The expression of the guilty person's face isn't the important part of the sentence, though I think there is some closure affected on those present by seeing the guilty physically taken from the court to the cells by prison officers.
Also a reminder it's unlikely any victims will be in court, or will have written impact statements, all either deceased or being infants at the time are around 8 now and probably sensible that they stay away from the cameras today.
I'm not a great fan of the idea of Victim Personal Statements having a big role in court, does the existence of an eloquent moving statement mean the crime is worse? Is it worse to murder a homeless person without family than one of our living saints like Malala Yousef, David Attenborough or Marcus Rashford? I don't, and the law doesn't either.
Then give the judge the power to dismiss them from court, as per interview on R4 news the “norm” should the that the guilty be in court for these things but give the judge the power to use their common sense.
The norm is that the guilty is present in court, because not to do so does affect their sentencing. However when someone’s already going down for a whole life tarrif, there’s not much else you can do to compel them.
In this case I suspect that if she’d been dragged into court she’d have ended up being sent back to the cells anyway. I honestly don’t think she’s going to last long in prison.
I honestly don’t think she’s going to last long in prison.
Prisons should have processes in place to manage inmates at high risk of attack.
You may as well just lynch them if prisons aren't able to keep them alive to see out their sentence.
You may as well just lynch them if prisons aren’t able to keep them alive to see out their sentence.
I'm sure I'm not alone in thinking thats fine in this particular case.
I'm sure you are not but its a horrible position to take
this young woman is clearly mentally ill. No sane person does what she did
Prisons should have processes in place to manage inmates at high risk of attack
I was thinking more of suicide.
Bizarrely, given everything that she’s done, she strikes me as mentally fragile.
Prisons have Rule 43 to isolate prisoners who are vulnerable to attack. I imagine she'll end up in Broadmoor.
Kramer - she did not make a diminished responsibility defense and delusional does not equal mental illness. there is no way she is sane by any definition.
thre is a lot more to offending and mental illness than delusions
allitt - a very similar case found guilty in court and no defense of diminished responsibility but once in the system has ended up in Rampton because she clearly in mentally ill or was when she committed those crimes.
The start of a whole life term must feel a pretty pointless exercise for everyone concerned. As the inmate, what's the point in living (especially considering the amount of solitary confinement that will be needed to keep her from harm), for prison workers it'll be two complete career generations of keeping her from harming herself or being harmed with zero point in doing any rehabilitation. And for everyone else her confinement will act as no deterrent because people who do what she did are in no fit state to use that as a reason to act normally. I'm in no way in favour of capital punishment but the alternative for the next 50 years plus is grim too.
I don’t know about medical definitions, but if you try to kill more than a dozen newborn babies then that puts you firmly in the ‘mentally not wired up correctly’ bucket, imo…
but its a horrible position to take
In your opinion.
I get that of course, but I'm all out of compassion and understanding for somebody that committed the crimes she has dones.
Whilst that is a very base instrinct - it feels true to me.
An eye for an eye leaves us all blind
As I understand it a 'mental illness' is an illness which can be cured or ameliorated whereas Munchausen by Proxy is a condition with no known cause and therefore is incurable. IANAP.
@tjagain by definition, for someone to be considered insane they have to lack capacity to make decisions because they are unable to understand, accept and retain the relevant information give to them for long enough to inform their decision.
In practice that means evidence of delusional beliefs, or mental impairment, of which there was neither in this case.
Beverley Allitt now being mentally ill, doesn’t mean that she lacked capacity when she committed her crimes.
Most prisoners show signs of mental illness, diagnosed or undiagnosed. That doesn’t mean that they were insane when they committed their crimes.
I don’t know about medical definitions, but if you try to kill more than a dozen newborn babies then that puts you firmly in the ‘mentally not wired up correctly’ bucket, imo
Agreed. But that’s not the same as being insane.
Whilst that is a very base instrinct – it feels true to me.
Unless it turns out, in 20 years time, she was totally innocent and wrongly convicted because the Police deliberately witheld evidence exonerating her...
Actually thinking about this again and with TJ present and knowing this is a subject you have a passion for - how would you feel about a prisoners serving a whole life tariffs (after a given amount of time) being able to elect to take their own life? My rational being that their quality of life is diminished by an illness and society's need to have them therefore confined being not totally dissimilar to granting it to those with physical illness that debilitates to make the same choice. I guess the issue would be that you'd have to be able to assess them as mentally competent to make the decision which by dint of the reason they are there at all could be impossible.
The whole clamour behind wanting her to appear in court is nothing more than a populist narrative from the Daily Mail, presumably so they can get pictures of a what they would love to see as courtroom theatre of crying victims and a judge shouting "you're going DOWN!"
Because the Daily Mail want it, Sunak is suddenly very positive about such a law as well. Funny to see how the Daily Mail are on the side of judges now; a year or so ago judges were the Enemy of the People...
🙄
Actually thinking about this again and with TJ present and knowing this is a subject you have a passion for – how would you feel about a prisoners serving a whole life tariffs (after a given amount of time) being able to elect to take their own life? My rational being that their quality of life is diminished by an illness and society’s need to have them therefore confined being not totally dissimilar to granting it to those with physical illness that debilitates to make the same choice. I guess the issue would be that you’d have to be able to assess them as mentally competent to make the decision which by dint of the reason they are there at all could be impossible.
I wouldn't be happy as it distorts the case for dignity in dying.
@tjagain by definition, for someone to be considered insane they have to lack capacity to make decisions because they are unable to understand, accept and retain the relevant information give to them for long enough to inform their decision.
In practice that means evidence of delusional beliefs, or mental impairment, of which there was neither in this case.
thats not any definition I am familiar with. Is it the one for "diminished responsibility" in a court?
That definition does not fit with various legal precedent over the years either. there is a difference between mentally ill and not having capacity. You can be mentally ill and have capacity, you can not have capacity while being not mentally ill
There is a long standing issue (I think now mainly solved) that under the mental health act for someone to be detained they must have a " treatable mental illness" and its often been argued that personality disorders are not treatable thus folk with them cannot be detained under the mental health act,.
It think this is perhaps the cause of the confusion. She clearly is either mentally ill or not wired up right or both. But is she detainable under the mental health act? does she meet the criteria for diminished responsibility? Seems to me she falls between the cracks
Unless it turns out, in 20 years time, she was totally innocent and wrongly convicted because the Police deliberately witheld evidence exonerating her…
and while that feels very unlikely, just read about Lucia de Berk in the Netherlands, who was convicted of similar crimes.
Unless it turns out, in 20 years time, she was totally innocent and wrongly convicted because the Police deliberately witheld evidence exonerating her…
Possibly, but given everything 'we' know about this case, I'd say highly doubtful. If you follow your logic to it's conclusion then maybe nobody should be prosecuted and face consequences incase we get it wrong?
Anyway, I'm not here to argue, there is no right or wrong answer to an opinion and therefore nothing you could say that would make me consider my first post.
Funny to see how the Daily Mail are on the side of judges now; a year or so ago judges were the Enemy of the People…
Very well put. 👏
sunak is pandering – again.
And Keir will say how he will pander better, but not explain how - again
I think it must be hard for the victims and their families not to have the defendant present when victims statements are read out and sentences are handed down.But I don't think compulsion is a good idea as the defendant can just end up acting out and get sent out anyway, and adding months onto the sorts of tariffs that has to be handed down to people like Letby is hardly an incentive to get her to show up and be contrite anyway.
"Something must be done" shout the editors of The Red Tops who are themselves just feeling emasculated because they can't do anything and that makes them feel less manly than they're comfortable with.
the more i think about it, the courts system does seem a bit of a performance: the dock, wigs, gowns, banging a small wooden hammer
the perp being there for sentencing seems just as unecessary
i look forward to the Justicebot 1000 AI collating & examining evidence, convicting & sentencing instantly
(i appreciate that comes with its own risks)
If you follow your logic to it’s conclusion then maybe nobody should be prosecuted and face consequences incase we get it wrong?
Does that follow?
If we remove someone’s liberty, but then find out we were wrong to do so, we can restore their liberty and compensate them in other ways. But we can’t make them live again if they’re dead.
“Something must be done” shout the editors of The Red Tops
If only they were so keen on doing something about the Leveson report.
Possibly, but given everything ‘we’ know about this case, I’d say highly doubtful. If you follow your logic to it’s conclusion then maybe nobody should be prosecuted and face consequences incase we get it wrong?
My logic was wishing them dead or harm to come to them, is unwise given the history of miscarriages of justice in the UK..
Sure, incarcerate them, but be mindful they might one day be found innocent.
Counterpoint to the whole shebang:
The whole sentencing hearing is surely the definition of a meeting that should have been an e-mail. A day of the courts time both in the manhours spent by everyone involved and physically taking up one of a finite number of courtrooms (yes I know they've done it in cinemas, hotels and allsorrts over covid). The idea of giving the victims their day in court is all well and good, but somewhere in the CPS there's a case being put in the bin because there aren't the resources to send it to court.
The idea of giving the victims their day in court is
all well and good, but somewhere in the CPS there’s a case being put in the bin because there aren’t the resources to send it to court.
...somethig that some victims of crimes desperately need to help them move on with their lives - if you find that sort of thing important obv
…somethig that some victims of crimes desperately need to help them move on with their lives – if you find that sort of thing important obv
And somewhere there's another victim of crime being told "sorry, we don't have the resources to even take this to a trial", it's just that we rarely see that one.
The doctors have some very difficult questions to answer I’m afraid.
If they suspected criminality early on, they had a clear ethical and statutory duty, which is to inform the police. No ifs, no buts no maybes. It is also clear that they cannot defer this duty to any other person
I’m pretty sure I read somewhere that they were threatened with a disciplinary if they did. I’d say the problem is they went through the appropriate procedures & were therefore at the mercy of management.