The Legal Brief - 23rd August 2023

The recent sentencing of Lucy Letby, a convicted serial killer responsible for the murder of seven babies and the attempted murder of six others, has ignited a debate about whether the law should compel defendants to be present at their sentencing hearings. Letby's controversial refusal to attend her sentencing has prompted calls for changes to the current legal framework to ensure that justice is served for victims while maintaining the protection of a defendant's rights.

Calls for Legal Change

Lord Chancellor Alex Chalk has expressed his frustration, calling Letby's absence a display of cowardice and pledging to change the law. He emphasised the importance of defendants facing victims' families and society's condemnation. Chalk stated, "Lucy Letby is not just a murderer but a coward, whose failure to face her victims’ families... is the final insult."

Likewise, Seema Dosaj, a criminal defence lawyer, firmly argues that the requirement for defendants to attend sentencing hearings is indispensable in upholding the bedrock principles of transparency, accountability, and legitimacy within the justice system. She asserts that this practice empowers defendants, granting them the invaluable opportunity to directly address the court, while simultaneously acting as a stark reminder to society of the real-world ramifications of legal decisions.

The Rights & Welfare of Defendants vs Addressing the Emotional Impact on Victims

A defendant's presence during trial and sentencing is their legal right. However, defendants, like Lucy Letby, are often exposed to intense scrutiny and public outrage during their trials. This spotlight can have profound emotional and psychological effects on them. The accused may face anxiety, depression, and even threats to their safety while navigating the criminal justice system. As such, critics argue that the mandatory attendance of defendants exacerbates these negative consequences and may hinder the defendants' ability to fully participate in their defence.

However, it is essential to strike a fair balance between the welfare of defendants against the need for justice for their victims. Solicitor Tamlin Bolton, representing the parents of seven of the victims in civil courts, expressed families' anger over Letby's non-attendance, saying, "It really is the final insult. There's a guilty verdict, there's going to be a sentence, but not facing the consequences of those actions speaks of complete disregard."

Proposed Legal Changes & the Kings Speech

Justice Secretary Alex Chalk pledged to change the law to ensure serious offenders can be compelled to attend their sentencing. He stated that, "Cases like these make me even more determined to make sure the worst offenders attend court to face justice... society’s condemnation will be ringing in prisoners’ ears."

One proposed solution is to individually assess each case, determining the necessity of the defendant's physical presence. This assessment would consider factors such as the severity of the crime, the potential risk posed by the defendant to the public, and the potential impact on the defendant's mental health.

In the digital age, the option of remote participation in court proceedings is gaining traction. Kirsty Brimelow KC has suggested the use of leveraging technology, and argues that, "We consistently have live connections to correctional facilities, so there is potential to expand this technology... transmitting court proceedings directly to the defendant's location."

The debate over whether defendants should be required to attend their sentencing hearings following cases like Lucy Letby's has resonated so profoundly that it has found its way into the King's Speech. This acknowledgement underscores the gravity of the matter and signifies the government's intention to explore potential legal reforms. As part of the King's Speech, this commitment highlights the government's willingness to engage in a comprehensive review of defendant attendance laws, considering the complexities and ethical dimensions involved in striking a fair balance between the rights of defendants and the need for justice.

However, Labour leader Sir Keir Starmer accused the Government of ‘dragging its heels’ over making the change. He said, 'If they don't, we will force an amendment to the appropriate legislation’.

As you will note, the sentencing of Lucy Letby has sparked great controversy over a defendant’s attendance at sentencing hearings. While justice must be served, the issue is multifaceted and requires careful consideration. Achieving a balance between defendants' rights, accountability, and justice remains a challenge. Any changes to the law should weigh the potential consequences and practical limitations associated with mandating defendant attendance during sentencing hearings. Ultimately, the legal system must find a way to uphold fairness and justice while respecting all parties' rights.

Written by Max Howard

Housing is more affordable than a year ago, according to Halifax, the UK's biggest mortgage lender. However, all is not plain sailing for prospective buyers due to the current high mortgage rates.

The Halifax, part of Lloyds Banking Group, said that a 'typical' home in the UK cost 6.7 times average annual earnings of a full-time worker in the UK. Last year this figure was at a record high, 7.3 times the average salary. This is a drop, but the level is still very high. The lender did also comment on the average rise in salary over the last year, meaning that this figure is, in theory, more affordable for the average home buyer.

However, in practice, a typical home is still less affordable than it was near the start of the COVID-19 pandemic, and mortgages are taking up a bigger percentage chunk of peoples' incomes. The Halifax said that mortgage costs typically accounted for 35% of a homeowner's income, up from 30% in a year and not far short of the level seen at the start of the financial crisis, in 2007.

"Typical monthly mortgage payments are up by around a fifth, which is a big jump at any time, but particularly during a wider cost of living squeeze." said The Halifax's Mortgage Director, Kim Kinnaird.

Borrowers will be hoping that a sustained drop in this rate, coupled with salary increases and a slow down in inflation will return mortgages to an affordable level in the near future, but no one is holding the breath.

Written by Duncan Balcon

This week from Legally Speaking Podcast host, Robert Hanna :

?? How does a legal professional balance an unbreakable commitment to justice with genuine empathy?

This week on our Legally Speaking Podcast ?? powered by Clio - Cloud-Based Legal Technology we feature Jen Shipley, an Associate Solicitor at Irwin Mitchell, whose incredible journey in the world of Personal Injury Law epitomises resilience, compassion, and success. ??

Jen's not just an ordinary lawyer; she's become a beacon of inspiration for aspiring legal professionals, using her platform to spotlight the talent that shapes our industry. ??♀?

Jen tells all about:

?? Her path from a Paralegal to a Legal 500 Key Lawyer in 2022.

?? How she is bridging the gap between potential and opportunity.

?? Tips on leveraging social media for authentic connections.In addition to our latest episode we give BIG shoutouts to our incredible alumni guests:

?? Dorna Moini at Gavel - for being named finalists in the Inaugural Integration Awards' Best Practice of Law App category, a significant recognition of innovation and excellence in Clio's extensive legal industry app ecosystem

?? Ana Juneja - for being chosen for the 2024 Best Lawyers: Ones to Watch? Award, a distinction that highlights her excellence in Intellectual Property Law.

?? Jake Schogger - for hosting a FREE WEBINAR on imposter syndrome & rejection with Helen Pamely & Henry Nelson-Case

?? Ranjit Sond - for orchestrating another upcoming glamorous SOCIETY OF ASIAN LAWYERS LIMITED Asian Legal Awards ceremony

?? Lisa ?? Lang - for inspiring so many with her new Adjunct Instructor role at Ohio Northern University—Claude W. Pettit College of Law

?? Aliza Shatzman & Jessica Hampson - for turning another year wiser we wish belated happy birthdays to two inspiring legal leaders

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