This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/uk-28644799
The article has changed 11 times. There is an RSS feed of changes available.
| Version 3 | Version 4 |
|---|---|
| Family hears judge say victim statements make 'no difference' | Family hears judge say victim statements make 'no difference' |
| (35 minutes later) | |
| The parents of a murder victim have called for an explanation after hearing a judge say impact statements made by bereaved families make "no difference" to parole judgements. | The parents of a murder victim have called for an explanation after hearing a judge say impact statements made by bereaved families make "no difference" to parole judgements. |
| Geraldine and Peter McGinty said it was "sickening" to overhear the remarks after giving a statement at a parole hearing on one of their son's killers. | Geraldine and Peter McGinty said it was "sickening" to overhear the remarks after giving a statement at a parole hearing on one of their son's killers. |
| Apologising, Judge Graham White said he thought he was talking in "private". | Apologising, Judge Graham White said he thought he was talking in "private". |
| He said the statements could not affect the judgement of an offender's risk. | He said the statements could not affect the judgement of an offender's risk. |
| Parole Board guidance says victim statements can "provide useful context and information" and "contribute to a better, more informed hearing". | Parole Board guidance says victim statements can "provide useful context and information" and "contribute to a better, more informed hearing". |
| But it says decisions are "ultimately" based on the offender's "current risk", adding: "In most cases, the victim is unlikely to have information [on] this." | But it says decisions are "ultimately" based on the offender's "current risk", adding: "In most cases, the victim is unlikely to have information [on] this." |
| 'Heartache' | 'Heartache' |
| Colin McGinty, 21, was stabbed to death in 2001 in Bootle on Merseyside and two men - Michael Brown and Gary Hampton - were jailed for his murder later that year. | Colin McGinty, 21, was stabbed to death in 2001 in Bootle on Merseyside and two men - Michael Brown and Gary Hampton - were jailed for his murder later that year. |
| They both recently applied to the Parole Board to be moved to an open prison and Colin's parents were invited to read victim impact statements to the judge before he decided the application. | They both recently applied to the Parole Board to be moved to an open prison and Colin's parents were invited to read victim impact statements to the judge before he decided the application. |
| It was during Brown's hearing, after reading their statement via a video link, that the couple heard Judge White's comments. | It was during Brown's hearing, after reading their statement via a video link, that the couple heard Judge White's comments. |
| They overheard the judge's comments via the video link, which he mistakenly believed had been disconnected. | They overheard the judge's comments via the video link, which he mistakenly believed had been disconnected. |
| "The judge turned round and said to someone else in the room: 'I feel so very sorry for these families. They make these statements thinking they are going to make a difference, but they make no difference at all. Someone should tell them'," Mrs McGinty told the BBC. | "The judge turned round and said to someone else in the room: 'I feel so very sorry for these families. They make these statements thinking they are going to make a difference, but they make no difference at all. Someone should tell them'," Mrs McGinty told the BBC. |
| "The heartache that we go through to do these statements, to be told they don't make any difference." | "The heartache that we go through to do these statements, to be told they don't make any difference." |
| Judge White told the BBC the McGinty family heard a "private conversation which had not been meant for publication". | Judge White told the BBC the McGinty family heard a "private conversation which had not been meant for publication". |
| "I am sorry if what they overheard upset them and if it made them feel that what they had said had no impact because it certainly did, but what it can't do is affect our judgement of his [Brown's] risk," Judge White said. | "I am sorry if what they overheard upset them and if it made them feel that what they had said had no impact because it certainly did, but what it can't do is affect our judgement of his [Brown's] risk," Judge White said. |
| 'Grief and pain' | 'Grief and pain' |
| By BBC home affairs correspondent June Kelly | By BBC home affairs correspondent June Kelly |
| Colin McGinty was on a night out with friends when he was stabbed 15 times in what detectives believed was a case of mistaken identity. | Colin McGinty was on a night out with friends when he was stabbed 15 times in what detectives believed was a case of mistaken identity. |
| In their victim personal statement his parents described how they made their way to the hospital in the early hours of the morning, saying: "That sight of Colin will haunt us forever." | In their victim personal statement his parents described how they made their way to the hospital in the early hours of the morning, saying: "That sight of Colin will haunt us forever." |
| His last words to his father were "I can't breathe." He died shortly afterwards. | His last words to his father were "I can't breathe." He died shortly afterwards. |
| Colin was the second of Geraldine and Peter McGinty's five children. At the heart of the family home in Formby on Merseyside is a picture of Colin with his four siblings. | Colin was the second of Geraldine and Peter McGinty's five children. At the heart of the family home in Formby on Merseyside is a picture of Colin with his four siblings. |
| Mrs McGinty told the BBC: "He was a good brother and a fabulous son. He was really hard working. He had completed an apprenticeship as a joiner." | Mrs McGinty told the BBC: "He was a good brother and a fabulous son. He was really hard working. He had completed an apprenticeship as a joiner." |
| The family's statement says: "We are serving a life sentence of heartache and grief and pain." | The family's statement says: "We are serving a life sentence of heartache and grief and pain." |
| Investigation announced | Investigation announced |
| When conducting a prisoner hearing, the Parole Board said it took into account the nature of the offence, the prisoner's offending history and progress made and a range of reports from psychologists, probation officers and prison officers. | When conducting a prisoner hearing, the Parole Board said it took into account the nature of the offence, the prisoner's offending history and progress made and a range of reports from psychologists, probation officers and prison officers. |
| Parole Board chairman Sir David Calvert-Smith told the BBC victims should be told what their statements may or may not achieve, and the board was trying to spread this information. | |
| Sir David also confirmed an investigation would be carried out to determine whether "something was said, which really should not have been said" at the hearing involving the McGinty family. | Sir David also confirmed an investigation would be carried out to determine whether "something was said, which really should not have been said" at the hearing involving the McGinty family. |
| But Mr and Mrs McGinty said the Parole Board and politicians had been misleading the public on the issue of victim statements. | But Mr and Mrs McGinty said the Parole Board and politicians had been misleading the public on the issue of victim statements. |
| Recommendations have been made that both Colin's murderers - Hampton and Brown - should be transferred to open prisons. | Recommendations have been made that both Colin's murderers - Hampton and Brown - should be transferred to open prisons. |
| Colin's parents said transferring the murderers to an open prison would result in them receiving privileges like temporary release, which would be another "horrendous" thing the family have to endure. | Colin's parents said transferring the murderers to an open prison would result in them receiving privileges like temporary release, which would be another "horrendous" thing the family have to endure. |
| 'Raises expectations' | |
| Former Parole Board member Professor Andrew Sanders, now head of Birmingham Law School, said Judge White's reported comments were correct that victim statements had little or no effect at parole hearings. | |
| He said the board's job was to assess the "risk" of releasing a prisoner, a decision based on expert assessments. | |
| "Unfortunately that's not something that victims or their families can know anything about," Prof Sanders said. | |
| He said victim statements can "sometimes impact on the terms of parole" - for example if people do not want contact with the prisoner - but these issues are things the Parole Board "ought to know anyway". | |
| "The way the government policy works out, victims are being led to believe they'll make a difference when in fact they don't," he said. "It raises expectations very unfairly." | |
| 'Victims' law' | 'Victims' law' |
| Shadow justice secretary Sadiq Khan said the treatment of the McGinty family had been "unacceptable". | Shadow justice secretary Sadiq Khan said the treatment of the McGinty family had been "unacceptable". |
| He said hearings to often paid "lip service" to victims' views, and a "cultural change" was needed to ensure victims felt they were "at the heart of the justice system". | He said hearings to often paid "lip service" to victims' views, and a "cultural change" was needed to ensure victims felt they were "at the heart of the justice system". |
| Mr Khan said victims could not be allowed to "dictate" when an offender was released, but their views should help "focus" the questions at parole hearings. | Mr Khan said victims could not be allowed to "dictate" when an offender was released, but their views should help "focus" the questions at parole hearings. |
| He said Labour was calling for a "victims' law" so "victims have real teeth and know their entitlements". | He said Labour was calling for a "victims' law" so "victims have real teeth and know their entitlements". |