I notice Marcel Berlins takes a diametrically opposed view to mine about family impact statements. Well, not quite diametrically: I agree with him in fact that presenting the statement ought not to be part of the role of the http://www.raybani.com/ prosecutor. There should be, as the government’s name for the scheme suggests, a separate “Victims’ Advocate”. I think Marcel is too concerned about fairness as between defendants, though, and not concerned enough about fairness to victims. Yes, it’s wrong (in a way) if defendants get longer sentences than others simply because their victim’s family is more articulate. But the whole idea of giving families legal support and an advocate to present their feelings is to ensure all families are reasonably articulate in the context.

I fear Marcel’s traditionalist approach to this simply amounts to silencing the bereaved, while cheap oakley everyone else – the state, the defendant, academics, the police, probation officers, psychiatrists, chance bystanders even – gets their say in a murder trial.

I was interested in Marcel’s remarks about the Attorney General, too. I think he’s right – Lord Goldsmith is certainly the most ambitious and activist Attorney in recent years.


2017-03-18T03:26:35+00:00Tags: |