Lucy Letby: Can criminals like the serial child killer be forced into court?

Published

1 year ago

August 21, 2023

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Child killer Lucy Letby’s refusal to attend court for the conclusion of her trial has sparked outrage – and calls for changes in the law.

Letby, who was found guilty of murdering seven newborn babies and attempting to murder six others, was only present for two of the four days verdicts were delivered – and refused to return to the dock for her sentencing.

Some of the victims’ families, campaigners and the prime minister have described her behaviour as “cowardly” and a “slap in the face”.

What are the rules?

The rules around defendants appearing in court are laid out in guidance from the Crown Prosecution Service (CPS).

There are no laws that make it a legal obligation – but the default is that they are expected to attend.

Some of the families in the Letby case along with Cheryl Korbel – the mother of nine-year-old Olivia Pratt-Korbel who was shot dead by Thomas Cashman – are calling for a new law that would close the loophole.

According to the CPS, there may be a good reason for the defendant not to attend court – for example if they are unwell or claim to be unwell.

Felicity Gerry KC, an international barrister and professor of legal practice, tells Sky News often young people do not attend court for fear that they won’t get bail and will therefore lose their homes and be sent straight to prison.

But when there is deemed to be no good reason, the judge can make an order to compel them to attend.

If they are on bail this will mean a warrant for their arrest so they can be brought to court. If they are already in custody, they can order the prison governor where they are being held to get their officers to “use force to secure attendance”.

What happens when force is used?

If both the judge and the prison governor have agreed the prisoner should attend, a team of typically three prison officers will be sent to their cell door, according to Ian Acheson, a former prison governor and Home Office official.

Once they explain the judge has made the order, most people comply, he says.

“If it’s made clear to the offender that they’ll be going to court, you exclude the possibility of refusal for around 95% of them. You get a bit of a feedback loop where they accept it’s going to happen.

“And guilty people who experience and express remorse usually want the opportunity to be able to see or speak to their victims or their families.”

But if “persuasion fails”, Mr Acheson explains: “That person would be physically restrained with the purpose of putting them in handcuffs.”

He adds: “Force is a very tightly governed thing. But prison officers have all the same powers as a police constable at that point and can use the same force as they can.”

In the face of violence, officers are dressed in personal protective equipment and can also use leg restraints.

They then take the prisoner in handcuffs to a prison van so they can be driven to court and placed in cells inside the court building.

Why might a prisoner still not come to the dock?

Even once prison staff have driven the defendant to court, they can still refuse to leave the cells.

“The judge would be informed the prisoner has resisted,” Mr Acheson says. “But then in theory it’s for the judge to then say: ‘I care’ or ‘I don’t care – bring them to court’.”

Reasons for not forcing them to the dock include the risk they could use the opportunity to “retraumatise victims” or “turn it into a circus”, which can often be the case among terrorists, according to Mr Acheson.

Wendy Joseph, a former Old Bailey judge, tells Sky News judges try to avoid these situations at all costs as they can be “devastating” for victims’ families.

But Mr Acheson believes that current guidance allows defendants to manipulate the system.

“As far I understand the discretion rests with the offender, which is morally wrong. The principle needs to belong to the judge – not the perpetrator”.

He adds while some argue forcing people to appear is “uncivilised”, in the case of Letby, he believes: “It’s more uncivilised to murder babies.”

“The occasions where it would be inappropriate are tiny in my opinion – and in Letby’s case there’s nothing significant that speaks to that.”

Professor Gerry, however, says the system needs to keep a sense of humanity for defendants – as well as victims.

“We’re not a country that shackles people and drags them to court as some kind of medieval practice. Reasons for refusal can be very complicated. I think it’s very dangerous to start calling for people to be forced to court.”

Why is sentencing so important?

Guidance on compelling people to come to court varies according to the offence and point in proceedings.

Mr Acheson says that in line with fair justice principles – judges should only be able to demand attendance once someone has been convicted, which means they wouldn’t have to be there for the verdicts being delivered.

Sentencing hearings are among the “most significant” for victims and their loved ones, because recently introduced impact statements allow them to show the perpetrator the effect their crimes have had on them.

And in the Letby case, this form of restorative justice is particularly important, Mr Acheson adds.

“People have been so grievously harmed by her – they deserve to look her in the eye and say ‘this is what you’ve done to me’.”

Judge Mr Justice Goss said in his sentencing remarks Letby will be given a transcript of them – along with the victim impact statements.

So what could be changed?

In recent years a trend has emerged of criminals refusing to attend court – despite the serious nature of their crimes.

Examples include Koci Selamaj, who did not attend his sentencing for the murder of Sabina Nessa in London, and Cashman, who refused to appear after killing Olivia Pratt-Korbel in Liverpool.

Her mother’s Face The Family campaign is calling for the legal loophole to be closed.

Children’s minister Claire Coutinho has told Sky News “more law is probably required”. “The justice secretary [Alex Chalk] said he’s very committed to making sure these laws are in place,” she said.

Former Justice Secretary Robert Buckland said the new Victims and Prisoners Bill – which is going through parliament – could provide the answer.

He suggested this could include forcing defendants to watch proceedings via video link from their cells – something Mr Acheson describes as a “silly distraction”.

Legal commentator Joshua Rozenberg said the only options available are dragging people by force – or threatening them with longer prison sentences – neither of which he agrees with.

“There’s no point in imposing a prison sentence on someone who’s going to be in prison for the rest of their lives,” he told Sky News.

UK

Ellis Cox: Mother appeals to catch son’s killer on birthday anniversary

Published

49 mins ago

January 18, 2025

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Ellis Cox: Mother appeals to catch son's killer on birthday anniversary

Fresh appeals have been made for information on what would have been the 20th birthday of Ellis Cox, who was shot dead in Liverpool last June.

A number of people have been arrested in connection with the murder at Liver Industrial Estate, but no one has been charged yet.

The 19-year-old’s family and police have paid tribute to him and called for those with information to come forward.

He was shot in the back after a confrontation between his friends and another group of up to three males on Sunday 23 June.

His mother Carolyn paid tribute in an appeal to coincide with what would have been his 20th birthday.

“He was so kind… so laid back, so calm, so mature for his age. And he was just funny. Very funny.

“He was my baby… no mum should have to bury a child. He was my life. And I don’t know what to do without him.”

Meanwhile, his aunt Julie O’Toole said he was “the sort of person I think you’d be hard pressed to find anyone to say anything negative about. He was loyal, fiercely loyal… everything was about his family”.

To pay tribute to Ellis, Liverpool City Council will be lighting up the Cunard Building and Liverpool Town Hall in orange on Saturday.

Detective Chief Inspector Steve McGrath, the senior investigating officer, spoke about the information gathered so far, six months on from Mr Cox’s murder.

“I’m satisfied that the group that he was with was probably the target… and I would say that’s got something in relation to do with localised drug dealing in that area. But Ellis had no involvement in that whatsoever,” he said.

He added that police are looking for “really significant pieces of evidence now”, including “trying to recover the firearm that was used in relation to this, looking to recover the bikes that were used by the offenders”.

Mrs Cox also appealed for people to come forward with information.

“If you know anything, don’t let us get to [his] next birthday and still know nothing.

“We need to get justice for Ellis. And we need to get the people who took him from us off the streets.”

UK

Manchester United legend Denis Law dies aged 84

Published

12 hours ago

January 17, 2025

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Manchester United legend Denis Law dies aged 84

Former Manchester United and Scotland footballer Denis Law has died, at the age of 84.

In a statement, his family said: “It is with a heavy heart that we tell you our father Denis Law has sadly passed away. He fought a tough battle, but finally, he is now at peace.

“We would like to thank everyone who contributed to his wellbeing and care, past and much more recently.

“We know how much people supported and loved him and that love was always appreciated and made the difference.”

The Aberdeen-born footballer previously announced in August 2021 that he had been diagnosed with dementia.

A prolific striker, Law scored 237 goals in 404 appearances for Manchester United, for whom he signed for a then-British record transfer fee in 1962.

He is the only man to have two statues dedicated to him at Old Trafford – one on the Stretford End concourse, the other as part of the United Trinity statue overlooking the stadium’s forecourt beside fellow great George Best and Sir Bobby Charlton.

The only Scottish player to have won the Ballon d’Or award, in 1964, he was also part of United’s triumphant campaign in the 1968 European Cup – in which they became the first English club to ever win the competition.

In a statement, the club said: “Everyone at Manchester United is mourning the loss of Denis Law, the King of the Stretford End, who has passed away, aged 84.

“He will always be celebrated as one of the club’s greatest and most beloved players.

“The ultimate goalscorer, his flair, spirit and love for the game made him the hero of a generation. Our deepest condolences go out to Denis’s family and many friends. His memory will live on forever more.”

Wayne Rooney, former United captain and the club’s all-time record goalscorer, described Law as a “legend”.

“Thoughts with all Denis’s family and friends,” he said in an online post.

Another former United captain, Gary Neville, said: “A great footballer and a great man. It’s a privilege and an honour to have spent time in your company. The King of the Stretford End.”

A tribute from the Scotland national team said Law was “a true great”.

“We will not see his likes again,” it said.

Law also played for Huddersfield Town, Manchester City, and Italian club Torino during his club career, and made 55 appearances for Scotland, scoring 30 goals for his country.

Manchester City said in a post on X: “The whole of Manchester, including everyone at City, is mourning with you. Rest in peace, Denis.”

UK

FTSE 100 closes at record high

Published

13 hours ago

January 17, 2025

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The UK’s benchmark stock index has reached another record high.

The FTSE 100 index of most valuable companies on the London Stock Exchange closed at 8,505.69, breaking the record set last May.

It had already broken its intraday high at 8532.58 on Friday afternoon, meaning it reached a high not seen before during trading hours.

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The weakened pound has boosted many of the 100 companies forming the top-flight index.

Why is this happening?

Most are not based in the UK, so a less valuable pound means their sterling-priced shares are cheaper to buy for people using other currencies, typically US dollars.

This makes the shares better value, prompting more to be bought. This greater demand has brought up the prices and the FTSE 100.

The pound has been hovering below $1.22 for much of Friday. It’s steadily fallen from being worth $1.34 in late September.

Also spurring the new record are market expectations for more interest rate cuts in 2025, something which would make borrowing cheaper and likely kickstart spending.

What is the FTSE 100?

The index is made up of many mining and international oil and gas companies, as well as household name UK banks and supermarkets.

Familiar to a UK audience are lenders such as Barclays, Natwest, HSBC and Lloyds and supermarket chains Tesco, Marks & Spencer and Sainsbury’s.

Other well-known names include Rolls-Royce, Unilever, easyJet, BT Group and Next.

FTSE stands for Financial Times Stock Exchange.

If a company’s share price drops significantly it can slip outside of the FTSE 100 and into the larger and more UK-based FTSE 250 index.

The inverse works for the FTSE 250 companies, the 101st to 250th most valuable firms on the London Stock Exchange. If their share price rises significantly they could move into the FTSE 100.

A good close for markets

It’s a good end of the week for markets, entirely reversing the rise in borrowing costs that plagued Chancellor Rachel Reeves for the past ten days.

Fears of long-lasting high borrowing costs drove speculation she would have to cut spending to meet self-imposed fiscal rules to balance the budget and bring down debt by 2030.

Long-term government borrowing had reached a high not seen since 1998 while the benchmark 10-year cost of government borrowing, as measured by 10-year gilt yields, was at levels last seen around the 2008 financial crisis.

The gilt yield is effectively the interest rate investors demand to lend money to the UK government.

Only the pound has yet to recover the losses incurred during the market turbulence. Without that dropped price, however, the FTSE 100 record may not have happened.

Also acting to reduce sterling value is the chance of more interest rates. Currencies tend to weaken when interest rates are cut.