Latest news with #victimsRights
The Independent
6 hours ago
- Health
- The Independent
Woman who won payout after rape case dropped welcomes new review scheme
A woman who successfully sued the Crown Prosecution Service (CPS) after her rape case was dropped has welcomed a new review scheme, describing it as a 'crucial safeguard'. Jade Blue McCrossen-Nethercott said she was 'profoundly failed and let down' when her case was dropped, amid claims she could have had an episode of 'sexsomnia'. She had contacted police in 2017 after waking up and feeling she had been raped while she slept. But the charges were dropped days before the trial three years later, because lawyers for the accused claimed Ms McCrossen-Nethercott had 'sexsomnia', a medically recognised but rare sleep disorder which causes a person to engage in sexual acts while asleep. The CPS later admitted it was wrong to close the case, saying it should have been taken to trial, and last year apologised and agreed to pay her £35,000 in damages. Ms McCrossen-Nethercott said she was 'hugely excited' about a new pilot giving rape victims the right to ask for their case to be reviewed if it emerges prosecutors plan to drop investigations. She said she hopes the pilot, starting in the West Midlands, 'proves successful enough to be rolled out across the country'. She added: 'This pilot is a crucial safeguard – one that could have completely changed the outcome in my case, and so many others like it. 'I was profoundly failed and let down by how my case was handled, but I've since seen people within the CPS who are genuinely working to make it better.' Criminal cases can be stopped at any point if a prosecutor decides there is no longer a realistic prospect of conviction. While current procedures allow rape and serious sexual assault victims to request their cases are reviewed, if that case has already been stopped in court by prosecutors, it cannot be re-started no matter the outcome of the review. The prospect of cases being dropped can be 'absolutely devastating' for victims, the Crown Prosecution Service's (CPS) lead on rape cases said. Siobhan Blake, who is also chief crown prosecutor in the West Midlands said: 'Although they (victims) can request a review of our decision-making now, if we have already stopped the case in court, there is nothing that can be done to reactivate the case if that review comes to a different conclusion. 'In those circumstance we offer an apology, but appreciate that for a victim an apology rarely goes far enough or feels like a just outcome. 'This pilot offers greater reassurance for victims. It means that they will be alerted to the prospect of their case being stopped earlier, so that they can ask for a review by a different prosecutor. 'If the original decision is reversed then the case will continue, but even if it can't, we hope that victims will have more confidence in the process and the earlier scrutiny of our decision-making. 'Rape cases are incredibly complex and sensitive. We have specially trained prosecutors who do an excellent job building strong cases. 'This pilot offers an earlier check and balance which provides extra reassurance for victims.' The pilot, launching this week, will run for six months before the scheme is evaluated and decisions are taken on next steps, the Government said. Solicitor general Lucy Rigby said: 'Campaigners and experts tell me that this is what they want, and I want to thank them for their advocacy on this vital issue. 'There is much more to do. But this is a further step towards the criminal justice system that victims deserve, and one which will ultimately make Britain's streets safer.'
Daily Mail
5 days ago
- Business
- Daily Mail
Crooks owe Scots authorities £5million after being ordered to pay back profits from their crimes
Criminals ordered to repay the profits of their crimes still owe the authorities £5 million, with critics branding the failure to recoup the cash an 'insult to victims'. Data from the Scottish Courts and Tribunals Service (SCTS) shows there are currently 89 so-called 'confiscation orders' in arrears, worth a total of £5,065,459. The orders require criminals to pay back money they have gained via illegal activities under proceeds of crime laws. But a number of crooks continue to owe large sums of cash, despite the court orders being handed out more than a decade ago. Shockingly, there were two confiscation orders with outstanding payments due of more than £500,000, while several others are also for six figure sums. The largest amount owed is £560,881 in relation to late brothel madam Margaret Paterson, who pimped out women in Edinburgh for 10 years. She was sentenced to five years' imprisonment in 2013 after being convicted of brothel-keeping as well as money laundering and living on the earnings of prostitution. She was ordered to pay £1 million but died in 2019 before coughing up the bulk of the cash leaving prosecutors to try to recover the rest of the money from her estate. Scottish Tory justice spokesman Liam Kerr said: 'These shocking figures are proof crime pays under the soft-touch SNP. It's clear our proceeds of crime laws are simply not fit for purpose, with wealthy criminals having nothing to fear. 'Complacent SNP ministers are failing to address the scale of organised crime in Scotland and must give our police, prosecutors and courts the resources they need to do their jobs and recover this money.' He added: 'Hard-working Scots will be appalled that this money is not being repaid by offenders, especially at a time when Nationalist ministers are cutting services and hiking taxes. 'The fact criminals are allowed to get away with this is another insult to victims of crime, who always seem to be an afterthought in the SNP's justice system.' Among the ten highest-value orders, half were imposed before 2016, with one of them dating back to 2012. According to figures obtained by the Scottish Conservatives via freedom of information laws, no repayments had been made on six of the top ten highest sums, while others only had a small portion of the order paid back. Funds recovered through confiscation orders are used to help improve local communities. Since 2008, £130 million has been invested in community initiatives. An SCTS spokesman said: 'A confiscation order may take some time to recover in full. 'The period within which financial penalties should be paid is a matter for the judiciary.' A Scottish Government spokesman said: 'Payment of the order is supervised by the court. Where payment is not made, further action to recover the balance can be taken by the courts.'
South China Morning Post
28-05-2025
- General
- South China Morning Post
Rapist in India granted bail to marry victim, sparks fury at ‘patriarchal' courts
A regional court in eastern India has allowed a man accused of raping a minor out on one month's bail to marry his victim, in a case which has reignited debate on rape victims' rights and the controversial 'marry-your-rapist law'. According to the 22-year-old woman, she and the man started a physical relationship in 2019 – when she was 16 – after he had promised to marry her. She became pregnant twice, in 2020 and 2022, and he allegedly forced her to terminate both pregnancies. The 26-year-old man was jailed in 2023 under the Protection of Children from Sexual Offences Act, a gender-neutral law in India that aims to protect those under 18 from sexual abuse and exploitation, according to the Times of India. He recently sought interim bail, claiming that both families had agreed to his marriage with the victim. 'The petitioner has expressed his consent to this arrangement and has undertaken to solemnise the marriage upon his release,' his lawyer told the court. People attend a protest against violence against women, in Kolkata, India. Photo: EPA-EFE Observing that their relationship was consensual, the Orissa high court granted him bail.
Daily Mail
22-05-2025
- Politics
- Daily Mail
Violent offenders including killers and rapists will be let out of jail one third EARLIER under plan set to be adopted by Labour
Killers and rapists will be let out of jail earlier under sentencing reforms set to be implemented by Labour. Criminals convicted of serious violence or sex offences could win their freedom after serving half their jail term, rather than at the current three quarters point – a one third reduction. The Government indicated it would accept the measure 'in principle' – along with a raft of other measures expected to see tens of thousands fewer criminals sent to jail each year. A wide-ranging review also recommended rolling out a scheme of voluntary 'chemical castration' for sex offenders. The recommendations - which the Tories described as a 'gift to criminals' and a 'slap in the face for victims' - would free up 9,800 prison spaces by 2028. The lower automatic release date would apply to offenders convicted of 'rape, manslaughter, soliciting murder, attempted murder and wounding with intent to cause grievous bodily harm', the official review said. Only those who are well behaved in prison would be eligible, with others forced to wait longer for freedom. The review made a separate recommendation which would have offered similar early release dates to the very worst violent and sexual offenders, who are deemed 'dangerous' by the courts and handed a so-called 'extended determinate sentence'. But ministers are set to reject this component of the package, it is understood. The long-awaited independent report said long jail terms currently handed out for serious violent and sexual crimes are 'unbalanced in comparison to other offences', under so-called 'standard determinate sentences' (SDS). 'The proposal for the SDS cohort of serious sexual and violent offences is to alter the release points so that the expectation is that most offenders would be released at the halfway point if they have engaged constructively with the prison regime,' it said. 'All remaining offenders in this cohort would be released from custody by the two thirds point of their sentence at the latest. 'These offenders would then be supervised in the community in the post-custody stage until 80 per cent of the way through their sentence.' It added that it would 'increase transparency of custodial sentences for offenders and victims'. The review said most non-violent offenders would be released after serving just one third of their sentence if they demonstrated good behaviour in jail. Under an existing early release scheme introduced Justice Secretary Shabana Mahmood in the autumn most criminals are let out after serving 40 per cent of their sentence. The 192-page report, published today, said across all types of offences the new early release measures would save about 4,100 prison places by 'incentivising good behaviour in custody'. Chemical castration for sex offenders should be explored more widely, the review went on. There is currently a pilot scheme offering offenders drugs which suppress sexual desire, and the review said officials should drawn up an 'evidence base' on the effectiveness of the treatment. Any scheme rolled out across England and Wales would be on a voluntary basis rather than compulsory, officials said. But last night the Government said it would go further and look at forcing sex offenders to take the drugs. Ms Mahmood is 'now exploring whether chemical castration could be made mandatory, instead of merely voluntary', a Ministry of Justice source said. Ministers should also consider approving new types of medication for offenders with drug and alcohol problems, the review urged. In one of its most wide-ranging recommendations, the report said short jail sentences of less than 12 months should only be imposed in 'exceptional circumstances'. This would free up 2,000 prison places at any one time, by imposing many thousands fewer short jail terms each year. It made a series of recommendations to improve community sentences so they can be used as a 'robust alternative to custody'. For example, courts should be able to ban criminals from driving even if their offence is not motoring-related, it said, and there should be increased use of electronic tagging. Criteria for recall to jail for breaching the terms of release should be tightened, it added, along with the introduction of a 56-day fixed recall period. Foreign criminals should be deported immediately if they received sentences of less than three years, and at an earlier point if they were handed longer terms, it said. Although murder was outside the scope of the review, it said there should be further work to look at whether current punishments for the crime are appropriate. The Law Commission should 'look at the minimum tariffs custodial sentence lengths for for sentencing for murder', it said. In further recommendations that could lead to shorter jail terms, it said maximum penalties for a range of offences - including drugs - should be reviewed. It said they were leading to 'unintended consequences' and appeared to suggest 10 years should normally be a ceiling for such crimes. Minimum sentences for offences such as gun crime and persistent burglars should also be looked at again, it went on, because they contribute to 'sentence inflation'. Ms Mahmood set up the review last year and tasked it with devising a long-term plan to free up space in overcrowded jails. Since last summer she has introduced a series of emergency measures which she said were necessary to avoid a 'total breakdown of law and order'. David Gauke, the former Tory justice secretary who led the review for Labour, said: 'These recommendations, which span the entirety of the justice system, are focused not only on bringing the prison population under control but ultimately reducing reoffending and ensuring victims are protected. 'Taken as a package, these measures should ensure the government is never again in a position where it is forced to rely on the emergency release of prisoners. 'I urge the Lord Chancellor and Prime Minister to act with bravery in their response.' Shadow Justice Secretary Robert Jenrick blasted the proposals. 'By scrapping short prison sentences [PM Sir Keir] Starmer is effectively decriminalising crimes like burglary, theft and assault,' he said. 'This is a gift to criminals who will be free to offend with impunity. 'If Starmer proceeds with halving sentences for dangerous offenders like killers, rapists and paedophiles that would be a slap in the face for victims. 'These people must be properly punished and locked up so they can't terrorise communities.' Mr Jenrick added: 'If Starmer brought forward emergency measures to deport foreign criminals and get courts sitting longer we would support him, but instead he's determined to see fewer criminals go to jail and risk the safety of the public.' The National Police Chiefs Council reacted cautiously to the proposals, and warned they must not be allowed to damage public trust in the criminal justice system. Spokesman Chief Constable Sacha Hatchett said: 'We recognise the urgent need to relieve the pressure on our prison system and that this requires difficult decisions from government. 'However, out of prison should not mean out of control. 'If we are going to have fewer people in prison, we need to ensure that we collectively have the resources and powers to manage the risk offenders pose outside of prison.' She added: 'It is crucial for public safety that high-risk offenders, including those convicted of violent or sexual offences, and those who pose a threat to national security, are exempt from early prison release. 'Robust prison sentences for these crimes must remain in place as a strong deterrent and means of keeping the public safe. 'Trust and confidence in the criminal justice system must not be lost through these reforms, and where offenders are receiving community sentences, we need to ensure they are demanding, robustly enforced and with a consequence for those that do not comply.' Victims' Commissioner Baroness Newlove also expressed reservations.' 'The pace of change feels urgent, as if we are racing against the clock,' she said. 'I appreciate the reasons for urgency, but this speed exacerbates my reservations. 'My overriding concern is whether the already stretched probation service can withstand this additional pressure. 'The review also recommends early release for prisoners who behave in prison. 'Compliance with prison regimes is important, but other important factors must also be taken into account, such as remorse, and evidence of a reduction in risk.'
The Guardian
20-05-2025
- Politics
- The Guardian
Criminals not attending sentencing is ‘final insult' to victims, says Mahmood
Defendants who refuse to appear in court for sentencing are giving a 'final insult to victims and their families', the justice secretary, Shabana Mahmood, has said, as an impact statement from the mother of a murdered girl was read to MPs. During the second reading of the victims and courts bill, the Labour MP Anneliese Midgley read a statement on behalf of Cheryl Korbel, the mother of nine-year-old Olivia Pratt-Korbel, who was shot dead in her Liverpool home in 2022. Her killer, Thomas Cashman, refused to attend his sentencing. 'These are the words Thomas Cashman refused to hear,' Midgley said. 'Let them ring out in this chamber, as they should have in Thomas Cashman's ears that day.' In the statement, read aloud in the Commons with Korbel present in the public gallery and in tears, she recalled the moment she realised Olivia had been shot: 'I was not able to do CPR properly on her because of my injury … I felt helpless. It was only then my neighbour came in and tried all he could to save my baby.' Cashman, who killed Olivia as he chased a drug dealer who had tried to run into her home in Knotty Ash, Liverpool, did not appear in court to hear his life sentence in April 2023. Korbel's statement described the pain of being separated from her daughter in the final moments of her life: 'I was the first person to hold my baby girl – and as her mum I should have been the last.' Proposed legislation backed by the government, referred to as Olivia's law, would give judges the power to impose up to two additional years in prison on convicted offenders who refuse to attend sentencing. Courts could also strip prisoners of privileges, including visitation rights, extra gym time or access to communal areas. Mahmood said: 'When a guilty defendant fails to show up to hear how their crime has shattered lives, it is a final insult to victims and their families, because it robs them of the chance to tell offenders through victim impact statements the pain they have caused.' Korbel described the anguish of living without her daughter: 'It's so very lonely without her. Everything is just so quiet … I just can't cope with the silence. The day gets to half two and I think about the school pickup – something I will never get to do again as a mum.' Midgley praised Korbel's determination to fight for change: 'Nothing in this world can bring Olivia back. But instead of collapsing under this weight, Cheryl fought back … Olivia's law is her work. It is Olivia's legacy. It is Cheryl's legacy.' Sign up to First Edition Our morning email breaks down the key stories of the day, telling you what's happening and why it matters after newsletter promotion Keir Starmer has said he will carry through the proposed legal change after meeting Korbel – continuing a promise made by his predecessor, Rishi Sunak. The bill is expected to move forward with broad support in the coming weeks. Mahmood said the bill 'marks an important step forward in our mission to rebuild our justice system, so that it serves the victims who, in recent years, it has all too often failed'. The shadow justice secretary, Robert Jenrick, said the government should 'enact the most radical and serious changes' in an effort 'to rebalance the criminal justice system in the favour of victims'.
